LUTC PKT 11-04-2013City of Federal Way
City Council
Land Use /Transportation Committee
November 4, 2013 City Hall
5:30 p.m. Council Chambers
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMITTEE BUSINESS
Topic Title/ Description
A. Approval of Minutes: October 7, 2013
B. Street Vacation Request for Portion of South
337th Street
C. 2014 Right of Way Landscape Maintenance —
Bid Award
D. Commute Trip Program Implementation
Agreement with King County
E. Urban Agriculture Code Amendment
4. OTHER
5. FUTURE MEETINGS /AGENDA ITEMS:
The next LUTC meeting will be Monday, December 2, 2013 at 5:30 p.m. in City Hall Council Chambers.
6. ADJOURN
Committee Members City staff
Bob Ce /ski, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management
Jeanne Burbidge, Member Shawna Upton, Administrative Assistant H
Diana Noble- Gulliford, Member 253 - 835 -2703
Action
Council Date
Presenter
Page
or Info
Time
Upton
3
Action
N/A
5 min
Mulkey
9
Action
November 19th
5 min
Consent
Salloum
19
Action
November 19th
5 min
Consent
Long
27
Action
November 19th
5 min
Consent
Shull
33
Action
November 19th
10 min
Ordinance
First Reading
4. OTHER
5. FUTURE MEETINGS /AGENDA ITEMS:
The next LUTC meeting will be Monday, December 2, 2013 at 5:30 p.m. in City Hall Council Chambers.
6. ADJOURN
Committee Members City staff
Bob Ce /ski, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management
Jeanne Burbidge, Member Shawna Upton, Administrative Assistant H
Diana Noble- Gulliford, Member 253 - 835 -2703
This page left blank intentionally.
City of Federal Way
City Council
October 7 2013 Land Use /Transportation Committee
City Hall
5.30 p.m. Council Chambers
MEETING SUMMARY
Committee Members in Attendance: Committee Chair Bob Celski and Committee members Diana Noble - Gulliford and
Jeanne Burbidge.
Staff in Attendance: Deputy Public Works Director Marwan Salloum, Deputy Public Works Director Ken Miller, Surface
Water Manager William Appleton, Street Systems Engineer Jeff Huynh, Assistant City Attorney Peter Beckwith, Planning
Manager Isaac Conlen, Senior Planner Janet Shull, Principal Planner Margaret Clark, Contract Planner Jim Harris, and
Administrative Assistant II Shawna Upton.
1. CALL TO ORDER
Committee Chair Celski called the meeting to order at 5:32 PM.
2. PUBLIC COMMENT (3 minutes)
Alex Charoni, a board member of the Federal Way Community Gardens Foundation, is urging Council to support urban
agriculture to strengthen our community, to encourage the neighbor helping neighbor philosophy and to promote a
community approach to fighting hunger.
Skye Schell, from Forterra, expressed appreciation to city staff, community members and others that have worked with
them on urban agriculture policies and codes. They are excited about all the energy throughout the community and have
seen increased interest in community gardens and local food.
Rose Ehl and Karla Kolibab, from the Farmers Market, expressed some concern regarding a wording change in the code
from 'should'to shall' because farmers crops are more seasonal in nature and during the beginning and end of a growing
season, the market may have more craft vendors than farmers. Looking for language modification.
Giselle Blanton, a Federal Way resident, expressed concerns regarding proposed code amendments that would allow
pigmy goats to be small domestic animals kept as pets. She lives in a residential neighborhood with small lots and given
the size of the lots and larger sizes of animals, her concern is over the increasing farm yard animal smell that gets worse
when there is hot weather and heavy rains. She has experienced increasing problems with noise, odor and flies and feels
this situation has gotten out of hand.
Ava Anissipour, thanked the Blanton's for expressing their opinion of the concerns regarding the goats and conveyed
appreciation to the Council Members that came to her house to experience it for themselves.
Kelly Anissipour, is asking the Committee wait for this issue to be heard by the full Council before making a decision on
whether pigmy goats will be allowed or not.
3. COMMITTEE BUSINESS
Forward to
Topic Title/ Description Council
A. Approval of Minutes: September 9, 2013 N/A
Committee approved the September 9, 2013, LUTC minutes as presented.
Moved: Noble- Guiliford Seconded: Surbidge Passed: Unanimously, 3 -0
Committee Members City Staff
Bob Celski, Chair Ca3y M. Roe, P.E., Director of Parks, Public Works and Emergency Management
Jeanne Burbidge, Member Shawna Upton, Administrative Assistant 11
Diana Noble- GuAlYbrd, Member 253- 835 -2703
B. Amendments to Federal Way Revised Code (FWRC) Related to Urban Agriculture November 4, 2013
LUTC
Senior Planner Shull gave a presentation on the proposed code amendment. The current
zoning code has no references to urban agriculture. Last year, staff applied for and was November 5, 2013
awarded a grant for technical assistance from Forterra to assist with the development of Ordinance
urban agriculture policies and regulations. The overall goals for the urban agricultural 1t Reading
amendments are to implement the policies that support access to healthy food in our
community, to be responsive to community interest in growing food for health, education
and economic benefit and remove potential barriers and provide some predictability in how
we review and site urban agriculture uses within the city. Some of the proposed
amendments include creating definitions for different types of agricultural uses, signage
regulations, updating existing zone use charts and create new zone use charts to address
urban farms, and creating provisions for accessory structures and on site sales. The
Planning Commission recommended the ordinance be amended by replacing the word
`should' with the word 'shall' and add a qualifier that the area devoted to food - related
products shall be as determined by the overall width of saleable space devoted to sale of
food - related products.
Member Noble - Gulliford stated the language seems vague, unenforceable and inquired
how a farmers market would be able to calculate what this meant. Shull replied that staff
establishes standards as a mechanism to take action against situations that get out of
hand. Staff doesn't have the resources to measure stall space nor is that information
required to be submitted from the Farmer's Market. It is there so that staff would be able
to address situations that change over time if it no longer met the criteria of a farmers
market. An example would be if it turned into more of a flea market than farmers market.
Member Burbidge noted that the intent is to have the majority of the items sold be food
related but wondered if introducing a time factor or seasonality factor could be added to
the language to help address that concern. Discussion continued surrounding the
definition of farmer's market, adding provisions that are more quantifiable and farmers
market events that may fall outside the current definition. Chair Celski mentioned that last
winter the farmers market was in the mall selling arts and crafts similar to a craft bazar.
The concern might be that somewhere down the line, the market might work its way into
a similar event sometime down the road during the outdoor season. Chair Celski asked
Rose Eel and Karla Kolibab back to the podium to address the concern. Ms. Eel and
Ms. Kolibab stated that they could not find farmers who were interested in selling just a
few items of produce here and there to customers so it was converted to a bazar at that
time. Rose and Karla stated there should be something to quantify the amount of food
items available but wants to make sure that the wording is corrected to protect not only
the intent of the farmers market but also to allow for the other events they sponsor
throughout the year such as the Chili Cook Off, Apple Festival and Kiwanis Family Safety
Day. Further discussion continued regarding types of food- related products, desired
wording modifications, signage, use of banners, definitions for farm stands in residential
areas, setback requirements and how home owners association rules will factor in.
Committee tabled this item and made a motion directing staff to come back
with clarifying language on the farmers market definition and bring back to
LUTC on November 4, 2013.
Moved: Burbidge Seconded: Noble- Gulliford Passed: Unanimously, 3 -0
C. Informational Briefing on Status of the Major Comprehensive Plan Update - Information N/A
Item Only
Principal Planner Clark provided a briefing on the Major Comprehensive Plan Update
process. By June 2015, State Law Requires the city to complete a major update to the
comprehensive plan, development regulations and critical areas ordinance. During the
review, staff will be looking to see how state laws have changed, the population changes,
looking at employment and population targets to make sure there is zoning in place to
Committee Members city Staff
Bob Celski, Chair chy M. Roe, P.E., Director of Parks, Public works and Emergency Management
Jeanne Burbidge, Member Shawna Upton, Administrative Assistant 11
Diana Noble- Gulliford, Member 253- 835-2703
accommodate those targets. There are twelve chapters to the plan and several will involve
other city departments and outside utility companies. Principal Planner Clark provided a
summary of current levels of staffing, planning workload, the timeline for completing the
comprehensive plan update and what to expect as this process moves forward.
D. Consider Amending the 2013 Planning Commission Work Program to Add an Item Related
to Siting of Group Homes Type III.
Planning Manager Conlen summarized that Type III Group Homes is housing for sex
offenders and similar offenders in the criminal system. Conlen noted that at the
September 3, 2013 City Council meeting, the Council adopted a six month moratorium on
this type of housing to allow staff time to research how current state law addresses this
topic and amend the city code based on State law.
Committee forwarded Option #1 as presented.
Moved: Burbidge Seconded: Noble- Gulliford Passed: Unanimously, 3 -0
E. Consider Amending the 2013 Planning Commission Work Program to Add an Item Related
to the Keeping of Miniature Goats
Planning Manager Conlen noted that staff was asked at the September 3, 2013 Council
meeting to research this topic. Conlen presented a summary which included information
on local ordinances, animal space requirements, health issues for both humans and
animals, nuisance issues and the impact to allocation of city resources. Several
jurisdictions ordinances were reviewed and the average lot size required those ordinances
is 17,000 square feet and many require larger setbacks from the property lines for the
housing structure for the animal as well as having specific criteria for cleaning of the
structures, handling and removal of pet waste. Other jurisdiction ordinances simply
referred to their nuisance ordinance.
The Seattle King County Health Department Veterinarian recommended miniature goats
have a minimum of 5,000 square feet of growing area for up to two animals and noted that
since Seattle has begun allowing goats, they have seen an increase of rat infestations in
these locations. Dr. Susan Kerr from the Northwest Regional Livestock and Dairy Specialist
at Washington State University stated that confinement to small spaces would result in
health issues and abnormal behavior in the animals. Dr. Kerr also stated that miniature
goats living in small indoor spaces for their primary living space is not a good idea for
health and sanitation reasons, that specialized care is needed in wetter climates;
specifically in the northwest and that lack of proper parasite control would be fatal.
Discussion continued regarding, communicable diseases and how they are transmitted,
the importance of knowing how to properly care for the animals. Planning Manager Conlen
addressed the nuisance aspects noting that some ordinances recommend having two
goats since they are herding animals and tend to be less noisy, some sited to the nuisance
ordinance for noise related complaints. In terms of odor, the males smell unless they are
de- horned and neutered. Some ordinances do not allow males and others require the goat
to be de- horned and neutered if they are going to be kept as pets. Further discussion
continued related to impact to staffing and the need for specialized training if this topic
moves forward.
Committee forwarded Option #2 as presented.
Moved: Noble- Gulliford Seconded: Burbidge Passed: Unanimously, 3 -0
F. Amendments to Federal Way Revised Code (FWRC) Chapter 19.115.020, "Community
Design Guidelines, Administration"
Contract Planner Harris gave a brief presentation on the proposed amendments regarding
community design guidelines. The design guidelines are implemented on commercial,
October 15, 2013
Consent
October 15, 2013
Business
October 15, 2013
Ordinance
1s' Reading
Committee Members City Staff
Bob Celski, Chair Cady M. Roe, P.E., Director of Parks, Public Works and Emergency Management
Jeanne 8urbidge, Member Shawna Upton, Administrative Assistant II
Diana Noble- Gulliford, Member 253 - 835 -2703
multi - family and institutional uses and have limited flexibility. The guidelines relate to
building design, building orientation, modulation, pedestrian circulation both onsite and
from public rights of way, parking structure design and other similar topics. Staff is looking
to increase the flexibility to allow the design guidelines to work more as guidelines and less
like standards within the zoning code to offer opportunities for designers to provide
greater, unique architecture. The intent is to add flexibility and keep the guidelines in place
while meeting the larger intent of the guidelines such as protecting property values,
enhancing the appearance of the city and improve circulation of public spaces.
Committee forwarded Option #1 as presented.
Moved: Noble- Gulliford Seconded: Burbidge Passed: Unanimously, 3 -0
G. Steel Lake LIVID — Time of Payment Ordinance October 15, 2013
Ordinance
Surface Water Manager Appleton noted staff is near the end of the process for reforming V Reading
Steel Lake Management District Number 1. Member Noble - Gulliford asked if the same
guidelines are applied to the North Lake Management District and wondered if they had
been apprised of this topic going before the Committee. Mr. Appleton noted that there is
one small difference between the ordinances and that is there is no escalation of CPI
associated with the ordinance. The residents specifically request that not be included and
that the residents were advised this was going to be addressed at this meeting.
Committee forwarded Option #1 as presented.
Moved: Burbidge Seconded: Noble- Gulliford Passed: Unanimously, 3 -0
H. Steel Lake LIVID - Resolution Establishing SLMD Advisory Committee October 15, 2013
Business
Surface Water Manager Appleton stated that the purpose of this resolution allows for the
creation of the advisory committee which helps to oversee and manage the funds for the
lake management district and make recommendations to Council. Chair Celski asked if
there are any specifications regarding the allowed length of time one can remain on the
committee. Mr. Appleton stated there are no limits.
Committee forwarded Option #1 as presented.
Moved: Burbidge Seconded: Noble- Gulliford Passed: Unanimously, 3 -0
2013 -2015 DOE Capacity Grant Surface Water Project October 15, 2013
Consent
Surface Water Manager Appleton presented information on the DOE Capacity Grant noting
there are two parts associated with this grant. The first is a $50,000 made available to
assist with the implementation and management of the NPDES Municipal Stormwater
Permit; no match required. The second is up to $120,000 to plan and design flow control
or treatment facilities. Staff is proposing to submit for this funding. There is no match
required. Mr. Appleton stated will need to identify a project that provides either water
quality, flow control or both and the funds, up to $120,000, can be used for the planning
and design of that project. Staff is proposing to identify, design and construct water
quality retrofit projects within or adjacent to right -of -way within the City. Several
approaches will be considered including filtration, infiltration, bioretention as well as water
quality vaults. Discussion continued regarding project benefits, the process that will be
used in choosing locations and estimated timeline for completion.
Committee forwarded Option #1 as presented.
Moved: Noble- Gulliford Seconded: Burbidge Passed: Unanimously, 3 -0
1 2014 Asphalt Overlay Program Preliminary Project List and Authorization to Bid October 15, 2013
Consent
Street Systems Engineer Huynh provided information regarding available funding for this
project along with estimated costs for completing the project. The anticipated date for
Committee Members City Staff
Bob Celski, Chair Cky M. Roe, P.E., Director of Parks, Public Works and Emergency Management
Jeanne Burbidge, Member Shawna Upton, Administrative Assistant H
Diana Noble- Gu/liford, Member 153 - 835 -2703
advertising is January 2014 with construction estimated to begin in April 2014. Member
Noble - Gulliford asked if the overlay project work can be staggered so that commuters have
more options for traveling to their destinations outside the construction areas. Mr. Huynh
stated that the contractor is instructed by staff to perform preliminary work on not more
than two areas at a time and for arterials, the contractor is instructed to stagger the
paving, planing and striping to only one area at a time.
Committee forwarded Option #1 as presented.
Moved: Noble - Guiliford Seconded: Burbidge Passed: Unanimously, 3 -0
K. 2013 Asphalt Overlay Project — Final Acceptance
Street Systems Engineer Huynh stated the 2013 Asphalt Overlay project is complete and
finished $50,987.63 below the budgeted amount. Staff is asking for authorization for final
acceptance of the 2013 Asphalt Overlay Project.
Committee forwarded Option #1 as presented.
Moved: Burbidge Seconded: Noble - Gulliford Passed: Unanimously, 3 -0
L. S 320th Street Preservation Project — 85% Design Status Report and Authorization to Bid
Street Systems Engineer Huynh presented information on the proposed S 320th Street
Preservation Project. The city received grant funding for the overlay and ADA retrofit on
S 320th Street between 11th Place S and I -5 limited access. The project has been
completed to 85% design completion including environmental documentation approval,
site preparation and generalization plans and preliminary contract specifications. Final
preparation of the contract specifications and project design tasks are still being worked
on to bring the project to 100% design status.
Committee forwarded Option #1 as presented.
Moved: Noble - Gulliford Seconded: Burbidge Passed: Unanimously, 3 -0
4. OTHER
October 15, 2013
Consent
October 15, 2013
Consent
5. FUTURE MEETINGS /AGENDA ITEMS:
The next LUTC meeting will be Monday, November 4, 2013 at 5:30 p.m. in City Hall Council Chambers.
6. ADJOURN
The meeting adjourned at 7:51 PM.
COMMITTEE APPROVAL:
Bob Celski, Chair
Jeanne Burbidge, Member
Attest:
Shawna Upton, Administrative Assistant H
Diana Noble - Gulliford, Member
Committee Members City Staff
Bob Ce /ski, Chair Ca7y M. Roe, P. E., Director of Parks, Public Works and Emergency Management
Jeanne Burbidge, Member Shawn Upton, Administrative Assistant II
Diana Noble - Gulliford, Member 153 - 835 -1703
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SUBJECT: Setting Public Hearing Date for the Street Vacation of a Portion of South 337th Street
POLICY QUESTION: Should City Council approve a resolution to set a Public Hearing for the street vacation of a
portion of the right of way within S 337th Street on January 6, 2014?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 4, 2013
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ® Resolution ❑ Other
STAFF REPORT BY: John Mulkey, P.E., Street Systems Project Engineer DEPT: Public Works : -"
.....__._ ............................._..._... ..._._................._..._... ........... _
Attachments: Land Use and Transportation Committee memorandum (includes resolution and exhibits) dated
November 4, 2013.
Options Considered:
1. Approval of the Resolution to set the date of a public hearing for the street vacation of a portion of the
right of way within S 337th Street at the January 6, 2014 at 7:00 p.m.
2. Set Public Hearing on an alternative date recommended by the committee.
3. Do not Approval of the Resolution to fix the date and time of the public hearing and provide direction to
staff.
MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the November 19, 2013 City Council
Consent Agenda for approval.
MAYOR APPROVAL: DIRECTOR APPROVAL: y i•4--
Commi a Council Committee
COMMITTEE RECOMMENDATION: Forward Option 1 to the November 19, 2013 City Council Consent Agenda for
approval.
Bob Celski, Chair Jeanne Burbidge, Member Diana Noble - Gulliford, Member
PROPOSED COUNCIL MOTION: "I move to approve the Resolution to set the date of a public hearing for the
street vacation of a portion of the right of way within S 337`11 Street at the January 6, 2014 at 7:00 p.m. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED /DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
9
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 4, 2013
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor
FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management
John Mulkey, P.E., Street Systems Project Engineer 1"4
SUBJECT: Setting Public Hearing Date for the Street Vacation of a Portion of S 337th Street
BACKGROUND:
Steve & Cathy Lindula have petitioned the City to vacate a portion of S 337th Street, located on
the north side of S 337th Street west of 33 Place S. See the accompanying legal description
(Exhibit "A "), map of the area to be vacated (Exhibit `B ") and Vicinity Map for exact location. The area
is a ten -foot wide portion of unused Right -of -Way along S 337th Street adjacent to Mr. & Mrs.
Lindula's property. The area proposed for vacation is 10 feet wide and varies from 34.55 to
41.76 feet in length. The existing Right -of -Way in this area is 80 feet wide, and this width
extends from 33 Place S to 30'h Avenue S. The current alignment of S 337th Street is in the
proposed remaining 70 -foot wide portion of the Right -of -Way. Mr. & Mrs. Lindula's property is
zoned Residential RS9.6. The area is listed as single family, High Density in the Comprehensive
Plan. The planned street section for S 337th Street, is Section "W" (attached) in the City
Development Standards, which calls for a 52 -foot Right -of -Way. Petitioner is seeking the street
vacation in order to correct an existing encroachment of a garage into the front property line set
back. The area to be vacated has one (1) abutting private property owner. The sole property
owner has signed the petition.
10
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Federal Way,
Washington, regarding vacation of a portion of South 337th Street,
setting a Public Hearing for the Street Vacation.
WHEREAS, a proper petition has been filed requesting vacation of a portion of South
337th Street, west of 33rd Place South, in the City of Federal Way, as described in Exhibit "A" (legal
description) and as depicted on Exhibit `B" attached hereto; and
WHEREAS, the petition contains the signatures of the owners of at least two- thirds of
the property abutting the portion of South 337th Street, west of 33rd Place South proposed to be
vacated;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. A public hearing on the aforesaid vacation petition shall be held at the regular
meeting of the Federal Way City Council at 7:00 p.m. on January 6, 2014, in the Council Chambers
in the City Hall, 33325 8th Avenue South, Federal Way, Washington. Said hearing date is not more
than sixty (60) nor less than twenty (20) days after the date of the passage of this resolution.
Section 2. The City Clerk shall give at least twenty (20) days notice of the hearing and cause
the notice to be posted as provided by law.
Section 3. The Public Works Director shall obtain the necessary approval or rejection of, or
other information from the City departments, affected agencies, and utilities, fire and police agencies,
and shall transmit such information to the City Council so that the matter can be considered by the
City Council at the public hearing on January 6, 2014.
Resolution No. 13- Page 1 of 3
Rev 1/10
11
Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener /clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 7. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 20_
Resolution No. 13-
12
Page 2 of 3
Rev 1 /10
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No. 13-
13
Page 3 of 3
Rev 1 /10
EXHIBIT A
That portion of the Northerly 40 foot R/W of S. 337th Street (Washington Avenue),
in the Northeast quarter of the Northeast quarter of Section 21, Township 21 North,
Range 04 East, W. M., King County, Washington, more particularly described as
follows:
Commencing at the Southwest corner of Lot 1, Plat of Louise's North Lake Tracts,
as recorded in Volume 40 of Plats, Page 23, records of King County Washington,
the True Point of Beginning;
Thence N 89 °50'20" E, along the Southerly boundary thereof, a distance of 41.76
feet, to the Northwesterly 30 foot R/W margin of 33rd Place S. (Co. Rd. No. 2612);
Thence S 35 °37'20" W, along the extended Northwesterly 30 foot R/W margin of
33rd Place S., a distance of 12.33 feet;
Thence S 89 °50'20" W, a distance of 34.55 feet;
Thence N 0 °09'40" W, a distance of 10.00 feet, to the True Point of Beginning.
Containing 382 square feet, more or less.
14
EXHIBIT B
NE 1/4, NE 1/4, Section 21, T 21 N, R 04 E, WM
King County, Washington
0 20 40
SCALE: 1" = 20'
I
I
LOT 2 1 LOT 1
p.
TRUE POINT OF ,moo^ �ryo
BEGINNING � °`
N89 °50'30 "E �3y
b 41.76'
°
0 AREA VACATED (382 SF)
34.55'
w S89 °50'20 "W
I r4c, �C7
I c
I"
C)
I
N89 050'20 "E 49.91'
C/L S. 337th STREET
N tic M,q AA /ti
RAM SURVEYING
& MAPPINGS LLC
13110 111th Ave NE
Kirkland, WA 98034
Phone: (206) 612-7633
Email: rmature @ramsm.com
Website: http: / /www.ramsm.com
15
Map Date: 5/13/13
City of S 337th Street Vicinty Map City of Federal Way
33325 8th Ave S
Federal Way, Wa. 98003
Federal Way Right of Way Vacation (P) 253- 835 -7000
y (W) www.cityoffederalway.com
CITY OF
0 0.5 1 as a graphical representation.
Federal Way■ Mile The City of Federal Way makes
N
no warranty as to its accuracy.
CROSS SECTION TYPE W
1 LAN E
+ PARKING
3, 59 49* 81 12' 8, 4,* 5' 131
Util. Parking Parking � 0 UHL
• e Strip
Strip u � �
Sal
52'
MINIMUM PAVEMENT SECTION
LOCAL
0,25' HMA CL h-, PG 64 -22
0.17' CSTC
0.42' CSBC
NOTES:
* PLANTER STRIP DIMENSION IS MEASURED FROM THE SIDEWALK TO THE FACE OF CURB.
c"vw � PUBLIC 17 LOCAL ®Vf• NO.
Fe o WORKS
3-2W
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18
COUNCIL MEETING DATE: November 19, 2013 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2014 Right of Way Landscape Maintenance Contract — Bid Award
POLICY QUESTION: Should the City Council award the 2014 Right of Way Landscape Maintenance Contract to the
lowest responsive, responsible bidder?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: November 4, 2013
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑_ Other_
STAFF REPORT BY: Marwan
P. E., Deputy Public Works Director�YWEPT: Public Works
Attachments: Memorandum to Land Use and Transportation Committee dated November 4, 2013 and the 2014
Right of Way Landscape Maintenance Contract Bid Tabulation
Po" .Considered:
......._.........__.._....._..----....._- ......................................................... .............. _._... ...._............_..._........— -..._.._.... ......_...._......_._.......... _..._._......__._...... --...._..._...- ---- --- --- --- - .- ....._.._... - -- -- - -- - -
1. Award the Right of Way Landscape Maintenance Contract to Total Landscape Corporation, the lowest
responsive, responsible bidder in the amount of $184,727.45 and authorize the Mayor to execute the
contract.
2. Reject all bids for the Right of Way Landscape Maintenance Contract and direct staff to rebid the project
and return to Council for further action.
MAYOR'S RECOMMENDATION: Mayor recommends approval of Option 1.
MAYOR APPROVAL: DIRECTOR APPROVAL:
tomnut#e Council ommittee
COMMITTEE RECOMMENDATION: Forward Option 1 to the November 19, 2013 City Council Consent Agenda
for approval.
Bob Celski, Chair Jeanne Burbidge, Member Diana Noble - Gulliford Member
PROPOSED COUNCIL MOTION: "I move to award the Right of Way Landscape Maintenance Contract to Total
Landscape Corporation the lowest responsive, responsible bidder in the amount of $184,727.45 and authorize
the Mayor to execute the contract. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
1ST reading
❑ TABLED/DEFERRED /NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 02/06/2006
RESOLUTION #
19
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 4, 2013
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor
FROM: Cary M. Roe, P.E., Director of Parks, Public Works an mergency Management
Marwan Salloum, P.E., Deputy Public Works Director
SUBJECT: 2014 Right of Way Landscaping Maintenance Contract — Bid Award
BACKGROUND:
Three bids were received and opened on October 22, 2013 for the 2014 Right of Way Landscaping Maintenance
Contract. The total bids for this contract are as follows:
Company
Total Landscape Corporation
TruGreen Landscape, LLC
Osaka Gardens Service, Inc.
Available 2014 Budget Amount
Bid Amount
$184,727.45
$187,666.74
$192,658.52
$211,500.00
Reference checks on Total Landscape Corporation by City staff indicate that the contractor has performed similar
work. As a result, City staff believes Total Landscape Corporation, can successfully complete this project to the
City's satisfaction. Therefore, the lowest responsive, responsible bidder is Total Landscape Corporation in the
amount of $184,727.45.
20
2014 ROW Landscape Maintenance
RFB No. 13-110
Bid Tabulation
21
2014 ROW Landscape Maintenance
RFB No. 13 -110
Bid Tabulation
e n..... - 91 orN e
Vendor Name ->
Location - - ->
Bid 2
TruGreen Landcare, LLC
Lakewood, WA
Bid 3
Tam Osaka Garden Svc. Inc.
Federal Way. WA
Month
Project #6 S 320th St -1-5 to We erhaeuser
Quantity
0
3
7
10
13
12
13
12
12
9
5
0
1
1
3
4
4
4
4
3
3
Price
$41.75
$41.75
$41.75
$41.75
$41.75
$41.75
$41.75
$41.75
$41.75
$41.75
$41.75
$0.00
$74.40
$74.40
$74.40
$74.40
$74.40
$74.40
$74.40
$74.40
$74.40
Total
$0.00
$125.25
$292.25
$417.50
$542.75
$501.00
$542.75
$501.00
$501.00
$375.75
$208.75
$0.00
$74.40
$74.40
$223.20
$297.60
$297.60
$297.60
$297.60
$223.20
$223.20
Price
Total
January
$0.00
$25.75
$25.75
$25.75
$25.75
$25.75
$25.75
$25.75
$25.75
$25.75
$25.75
$0.00
$0.00
$77.25
$180.25
$257.50
$334.75
$309.00
$334.75
$309.00
$309.00
$231.75
$128.75
$0.00
February
March
April
May
June
July
Auaust
September
October
November
December
Subtotal Pro ct 6
$20.60
$20.60
$20.60
$20.60
• $20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$61.80
$82.40
$82.40
$82.40
$82.40
$61.80
$61.80
Project #7 S 324th St -11 PI S to 18 Ave S
January
February
March
April
May
June
Jul
August
September
October
November
December
3
4
1
0
5
10
14
17
17
17
16
15
11
9
0
0
0
3
4
5
4
5
3
4
3
5
$74.40
$74.40
$74.40
$0.00
$32.79
$32.79
$32.79
$32.79
$32.79
$32.79
$32.79
$32.79
$32.79
$32.79
$0.00
$0.00
$0.00
$65.67
$65.67
$65.67
$65.67
$65.67
$65.67
$65.67
$65.67
$65.67
$223.20
$297.60
$74.40
$0.00
$163.95
$327.90
$459.06
$557.43
$557.43
$557.43
$524.64
$491.85
$360.69
$295.11
$0.00
$0.00
$0.00
$197.01
$262.68
$328.35
$262.68
$328.35
$197.01
$262.68
$197.01
$328.35
$20.60
$20.60
$20.60
$0.00
$41.20
$41.20
$41.20
$41.20
$41.20
$41.20
$41.20
$41.20
$41.20
$41.20
$0.00
$61.80
$82.40
$20.60
$0.00
$206.00
$412.00
$576.80
$700.40
$700.40
$700.40
$659.20
$618.00
$453.20
$370.80
$0.00
Subtotal Project 7
Project #B S 336th St -1 -5 to 1 st Ave S
January
February
March
April
May
June
5uly
Auclust
September
October
November
December
Subtotal PfO Oct 8
Project #9 S 342nd St Libra Lane
January
$0.00
$0.00
$10.30
$10.30
$10.30
$10.30
$10.30
$10.30
$10.30
$10.30
$10.30
$0.00
$0.00
$30.90
$41.20
$51.50
$41.20
$51.50
$30.90
$41.20
$30.90
$51.50
February
March
April
May
June
Jul
August
September
October
November
December
Subtotal Project 9
0
0
5
10
14
17
17
17
16
15
11
9
$0.00
$0.00
$64.21
$64.21
$64.21
$64.21
$64.21
$64.21
$64.21
$64.21
$64.21
$64.21
$0.00
$0.00
$321.05
$642.10
$898.94
$1,091.57
$1,091.57
$1,091.57
$1,027.36
$963.15
$706.31
$577.89
$0.00
$0.00
$164.80
$164.80
$164.80
$164.80
$164.80
$164.80
$164.80
$164.80
$164.80
$164.80
$0.00
$0.00
$824.00
$1,648.00
$2,307.20
$2,801.60
$2,801.60
$2,801.60
$2,636.80
$2,472.00
$1,812.80
$1,483.20
Project #10 S 348th St -16 Ave S to Hoyt
January
February
March
April
May
June
July
August
September
October
November
December
Subtotal Project 10
0
$0.00
$0.00
$0.00
$0.00
22
2014 ROW Landscape Maintenance
RFB No. 13 -110
Bid Tabulation
Vendor Name ->
Location >
Bid 2
TruGreen Landcare, LLC
Lakewood WA
Bid 3
Tom Osaka Garden Svc. Inc.
Fed" Way, WA
Month
Proj2ct #11 SW 356th St- 1st Ave Sto21atSW
Quantity
0
3
8
10
14
12
14
12
12
7
6
0
1
1
3
4
4
4
4
3
3
3
4
1
Price
$0.00
$61.22
$61.22
$61.22
$61.22
$61.22
$61.22
$61.22
$61.22
$61.22
$61.22
$0.00
$106.29
$106.29
$106.29
$106.29
$106.29
$106.29
$106.29
$106.29
$106.29
$106.29
$106.29
$106.29
Total
$0.00
$183.66
$489.76
$612.20
$857.08
$734.64
$857.08
$734.64
$734.64
$428.54
$367.32
$0.00
$106.29
$106.29
$318.87
$425.16
$425.16
$425.16
$425.16
$318.87
$318.87
$318.87
$425.16
$106.29
Price
Total
January
$0.00
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$0.00
$0.00
$61.80
$164.80
$206.00
$288.40
$247.20
$288.40
$247.20
$247.20
$144.20
$123.60
$0.00
February
March
April
May
June
July
Au ust
September
October
November
December
Subtotal Project 11
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$61.80
$82.40
$82.40
$82.40
$82.40
$61.80
$61.80
$61.80
$82.40
$20.60
Project #12 23rd Ave S - S 316 to S 324
January
February
March
riI
May
June
Jul
Au ust
September
October
November
December
Subtotal Pro ect 12
1
4
9
11
14
14
14
13
13
11
9
1
0
7
8
11
15
13
14
14
13
11
9
0
0
7
8
11
15
13
14
14
13
11
9
0
$60.84
$60.84
$60.84
$60.84
$60.84
$60.84
$60.84
$60.84
$60.84
$60.84
$60.84
$60.84
$0.00
$59.69
$59.69
$59.69
$59.69
$59.69
$59.69
$59.69
$59.69
$59.69
$59.69
$0.00
$68.04
$68.04
$68.04
$68.04
$68.04
$68.04
$68.04
$68.04
$68.04
$68.04
$68.04
$60.84
$243.36
$547.56
$669.24
$851.76
$851.76
$851.76
$790.92
$790.92
$669.24
$547.56
$60.84
$0.00
$417.83
$477.52
$656.59
$895.35
$775.97
$835.66
$835.66
$775.97
$656.59
$537.21
$0.00
$0.00
$476.28
$544.32
$748.44
$1,020.60
$884.52
$952.56
$952.56
$884.52
$748.44
$612.36
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.80
$20.60
$92.70
$92.70
$92.70
$92.70
$92.70
$92.70
$92.70
$92.70
$92.70
$92.70
$92.70
$0.00
$0.00
$128.75
$128.75
$128.75
$128.75
$128.75
$128.75
$128.75
$128.75
1 $128.75
$128.75
$20.60
$82.40
$185.40
$226.60
$288.40
$288.40
$288.40
$267.80
$267.80
$226.60
$185.40
$20.60
$0.00
$648.90
$741.60
$1,019.70
$1,390.50
$1,205.10
$1,297.80
$1,297.80
$1,205.10
$1,019.70
$834.30
$0.00
$0.00
$901.25
$1,030.00
$1,416.25
$1,931.25
$1,673.75
$1,802.50
$1,802.50
$1,673.75
$1,416.25
$1,158.75
Pro ect #13 116th Ave S /Ench P - SR 99 to S 356
January
February
March
April
May
June
July
August
September
October
November
December
Subtotal Pro' ct 13
Project #14 SR -99 - S 272 to S 283
January
February
March
April
May
June
July
Au ust
September
October
November
December
Subtotal Pro ect 14
Project #15 SR -99 - S 283 to 18 Ave S
January
February
March
April
May
June
July
August
September
October
November
December
Subtotal Project 15
23
2014 ROW Landscape Maintenance
RFB No. 13 -110
Bid Tabulation
24
Bid 2
Bid 3
Vendor Name - ->
TruGreen Landcare, LLC
Tom Osaka Garden Svc. Inc.
Location >
Lakewood. WA
Federal W , WA
Month
Quantity
Price
Total
Price
Total
Project #16 SR -9915 Ave S to S 310
January
0
$0.00
$0.00
$0.00
$0.00
February
7
$51.55
$360.85
$128.75
$901.25
March
8
11
15
$51.55
$51.55
$51.55
$412.40
$567.05
$773.25
$128.75
$128.75
$128.75
$1,030.00
$1,416.25
$1,931.25
April
May
June
13
$51.55
$670.15
$128.75
$1,673.75
July
14
14
$51.55
$51.55
$721.70
$721.70
$128.75
$128.75
$1,802.50
$1,802.50
August
September
13
11
$51.55
$51.55
$670.15
$567.05
$128.75
$128.75
$1,673.75
$1,416.25
October
November
9
$51.55
$463.95
$128.75
$1,158.75
December
0
$51.55
$0.00
$0.00
$0.00
Subtotal Pro' ct 16
Project #17 SR -99 S 310 to S 324
January
1
7
$73.85
$73.85
$73.85
$516.95
$92.70
$92.70
$92.70
$648.90
February
March
8
$73.85
$590.80
$92.70
$741.60
riI
11
15
$73.85
$73.85
$812.35
$1,107.75
$92.70
$92.70
$1,019.70
$1,390.50
May
June
13
14
$73.85
$73.85
$960.05
$1,033.90
$92.70
$92.70
$1,205.10
$1,297.80
July
August
14
13
11
$73.85
$73.85
$73.85
$1,033.90
$960.05
$812.35
$92.70
$92.70
$92.70
$1,297.80
$1,205.10
$1,019.70
September
October
November
9
$73.85
$664.65
$92.70
$834.30
December
1
$73.85
$73.85
$92.70
$92.70
Subtotal Pro'ect 17
Project #18 SR -99 - S 324 to S 340
1
7
$105.08
$105.08
$105.08
$735.56
$128.75
$128.75
$128.75
$901.25
January
February
March
8
11
$105.08
$105.08
$840.64
$1,155.88
$128.75
$128.75
$1,030.00
$1,416.25
April
May
15
$105.08
$1,576.20
$128.75
$1,931.25
June
13
$105.08
$1,366.04
$128.75
$1,673.75
July
16
$105.08
$1,681.28
$128.75
$2,060.00
August
14
13
$105.08
$105.08
$1,471.12
$1,366.04
$128.75
$128.75
$1,802.50
$1,673.75
September
October
11
9
$105.08
$105.08
$1,155.88
$945.72
$128.75
$128.75
$1,416.25
$1,158.75
November
December
1
$105.08
$105.08
$128.75
$128.75
Subtotal Pro t 18
Project #19 SR -99 - S 348 to S 356
0
$0.00
$0.00
$0.00
$0.00
January
February
2
6
$74.68
$74.68
$149.36
$448.08
$30.00
$30.00
$60.00
$180.00
March
April
7
11
$74.68
$74.68
$522.76
$821.48
$30.00
$30.00
$210.00
$330.00
may
June
9
$74.68
$672.12
$30.00
$270.00
Jul
11
$74.68
$821.48
$30.00
$330.00
u ust
9
10
$74.68
$74.68
$672.12
$746.80
$30.00
$30.00
$270.00
$300.00
September
October
7
4
$74.68
$74.68
$522.76
$298.72
$30.00
$30.00
$210.00
$120.00
November
December
0
$0.00
$0.00
$0.00
$0.00
Subtotal Pro' ct 19
Project #20 1st Way S - S 356 to S 312
January
0
5
$0.00
$85.56
$0.00
$427.80
$0.00
$144.20
$0.00
$721.00
February
March
10
14
$85.56
$85.56
$855.60
$1,197.84
$144.20
$144.20
$1,442.00
$2,018.80
April
May
17
17
$85.56
$85.56
$1,454.52
$1,454.52
$144.20
$144.20
$2,451.40
$2,451.40
June
Jul
17
16
$85.56
$85.56
$1,454.52
$1,368.96
$144.20
$144.20
$2,451.40
$2,307.20
August
September
15
$85.56
$1,283.40
$144.20
$2,163.00
October
11
9
$85.56
$85.56
$941.16
$770.04
$144.20
$144.20
$1,566.20
$1,297.80
November
December
0
$0.00
$0.00
$0.00
$0.00
Subtotal Project 20
24
2014 ROW Landscape Maintenance
RFB No. 13.110
Bid Tabulation
25
Bid 2
Bid 3
Vendor Name ->
TruGreen Landcare, LLC
Tom Osaka Garden Svc. Inc.
Location ---- ->
Lakewood, WA
Federal W , WA
Month
Quantity
Price
Total
Price
Total
Pro ect #21 21st Ave SW - SW 356 to SW 312
January
0
$0.00
$0.00
$0.00
$0.00
February
3
$120.91
$362.73
$144.20
$432.60
March
8
$120.91
$967.28
$144.20
$1,153.60
HI
11
$120.91
$1,330.01
$144.20
$1,586.20
May
15
$120.91
$1,813.65
$144.20
$2,163.00
June
13
$120.91
$1,571.83
$144.20
$1,874.60
Jul
15
$120.91
$1,813.65
$144.20
$2,163.00
August
13
$120.91
$1,571.83
$144.20
$1,874.60
September
13
$120.91
$1,571.83
$144.20
$1,874.60
October
8
$120.91
$967.28
$144.20
$1,153.60
November
7
$120.91
$846.37
$144.20
$1,009.40
December
0
$0.00
$0.00
$0.00
$0.00
Subtotal Project 21
Project #22 21st Ave S - S 320 to S 316
January
1
1
$68.91
$68.91
$68.91
$68.91
$22.00
$22.00
$22.00
$22.00
February
March
3
$68.91
$206.73
$22.00
$66.00
HI
4
$68.91
$275.64
$22.00
$88.00
may
4
$68.91
$275.64
$22.00
$88.00
June
4
$68.91
$275.64
$22.00
$88.00
Jul
4
$68.91
$275.64
$22.00
$88.00
August
3
$68.91
$206.73
$22.00
$66.00
September
3
$68.91
$206.73
$22.00
$66.00
October
3
$68.91
$206.73
$22.00
$66.00
November
4
$68.91
$275.64
$22.00
$88.00
December
1
$68.91
$68.91
$22.00
$22.00
Subtotal Pro'ect 22
Project #23 S 317th St - 28 Ave S & Roundabout
January
0
3
$0.00
$28.70
$0.00
$86.10
$0.00
$20.60
$0.00
$61.80
February
March
8
$28.70
$229.60
$20.60
$164.80
HI
9
$28.70
$258.30
$20.60
$185.40
May
12
$28.70
$344.40
$20.60
$247.20
June_
13
$28.70
$373.10
$20.60
$267.80
July
12
$28.70
$344.40
$20.60
$247.20
August
12
$28.70
$344.40
$20.60
$247.20
September
12
$28.70
$344.40
$20.60
$247.20
October
9
$28.70
$258.30
$20.60
$185.40
November
7
$28.70
$200.90
$20.60
$144.20
December
0
$0.00
$0.00
$0.00
$0.00
Subtotal Pro ict 23
Project #24 S 333rd SYS 332nd St - Roundabout to 13 PI S
0
$0.00
$0.00
$0.00
$0.00
January
February
3
$81.90
$245.70
$20.60
$61.80
March
8
$81.90
$655.20
$20.60
$164.80
HI
9
$81.90
$737.10
$20.60
$185.40
May
12
$81.90
$982.80
$20.60
$247.20
June
13
$81.90
$1,064.70
$20.60
$267.80
July
12
$81.90
$982.80
$20.60
$247.20
August
12
$81.90
$982.80
$20.60
$247.20
September
12
$81.90
$982.80
$20.60
$247.20
October
9
$81.90
$737.10
$20.60
$185.40
November
7
$81.90
$573.30
$20.60
$144.20
December
0
$0.00
$0.00
$0.00
$0.00
Subtotal Project 24
Project 925 Roundabout - S 33481 at 38th S
January
0
1
2
$0.00
$110.18
$110.18
$0.00
$110.18
$220.36
$0.00
$10.50
$10.50
$0.00
$10.50
$21.00
February
March
April
2
$110.18
$220.36
$10.50
$21.00
May
2
$110.18
$220.36
$10.50
$21.00
June
4
$110.18
$440.72
$10.50
$42.00
July
2
$110.18
$220.36
$10.50
$21.00
August
3
$110.18
$330.54
$10.50
$31.50
September
2
$110.18
$220.36
$10.50
$21.00
October
2
$110.18
$220.36
$10.50
$21.00
November
2
$110.18
$220.36
$10.50
$21.00
December
0
$0.00
$0.00
$0.00
$0.00
Subtotal Project 25
25
2014 ROW landscape Maintenance
RFB No. 13 -110
Bid Tabulation
Total Landscape only entered extensions, no unit costs
Unit costs determined by dividing extensions by the quantity
Note bid amount project 16 unit costs rounded to nearest cent based on
extended amount which changed the foals for February, April, June, July, and
August resulting in a total increase to the pretect cost of $0.07
26
COUNCIL MEETING DATE: November 191h, 2013 ITEM #:
............. . ..................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............. . . ............ . . . . . . . . . . . . ................... . ......... . ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : .................. . ............ . . . . . . . . . .................. . . . . . . . . .................... . .......... . ................. . ......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2013 -2015 Commute Trip Reduction (CTR) Program Implementation Agreement with King County
POLICY QUESTION: Should the Council authorize the Mayor to enter into an agreement with King County for
CTR program implementation?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: Nov 4th, 2013
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
DEPT: Public Works
STAFF REPORT BY: Sarady Long, Senior Trans. Planning Engineer �— _ ...__...._......_..___._..__.__ .........._..__._...__.________
Attachments: Memorandum to the Land Use and Transportation Committee dated November 41h, 2013.
Exhibit A; Project Scope of Work
Options Considered:
1. Authorize the Mayor to execute Professional Services Contract with King County Metro Transit in the
amount of $33,646 for 2013 – 2015 CTR implementation.
2. Do not authorize the Mayor to enter into an agreement with King County and hire part-time (0.60 FTE) CTR
Coordinator. The City would need to identify and supplement additional budget on a yearly basis to cover
employee cost and program start up.
MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the November 19th, 2013 City
Council Consent Agenda for approval.
MAYOR APPROVAL: � DIRECTOR APPROVAL:
Committe Council Co
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 19th, 2013 consent agenda for
approval.
Bob Celski, Chair Jeanne Burbidge, Member Diana Noble - Gulliford, Member
PROPOSED COUNCIL MOTION: "I move approval and authorize the Mayor to enter into an agreement with
King County Metro Transit in the amount of $33, 646 for the 2013 — 2015 CTR program implementation. "
27
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
•
APPROVED
COUNCIL BILL #
•
DENIED
IsT reading
❑
TABLED/DEFERRED /NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
— 08/12/2010
RESOLUTION #
27
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 0, 2013
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor
FROM: Cary M. Roe, P.E., Director of Parks, Public Works, and Emergency Management &44'- Sarady Long, Senior Transportation Planning Engineer4: _.
SUBJECT: Commute Trip Reduction (CTR) Program Implementation Agreement with King County
BACKGROUND:
The City of Federal Way has 11 worksites affected by the Washington State's Commute Trip Reduction
(CTR) Law. The law requires major employers with one hundred (100) or more full -time employees
scheduled who arrive at a single worksite between 6:00 am to 9:00 am to develop plans and programs to
reduce drive alone commuting trips.
Over the last 15 years, the City has contracted with King County for their CTR support services to
implement the CTR program. The existing agreement with King County has expired and staff proposes
to enter into a new, two -year Professional Services Agreement. The work to be performed under this
agreement is described in the attached Exhibit A, Commute Trip Reduction Services Contract Scope of
Work - July 1, 2013 through June 30, 2015.
The proposed 2013 - 2015 CTR Implementation Agreement with King County would be fully funded by
the state CTR technical assistance grant. For the July 1, 2013 through June 30, 2015 biennium, the
state capped technical assistance funding allocation to the City at $38,869.00. This agreement was
presented to the LUTC on August 5, 2013 and Council approval on September 3, 2013. The State CTR
grant would be sufficient to fund the 2013 -2015 Agreement with King County Metro, which is estimated
at $33,646.00. Please see attached Exhibit B for assumptions of the state grant and expenditures.
Staff believes this is a cost - effective way to implement the CTR program, as most cities have a full -time
CTR coordinator.
cc: Project File
Day File
K:`•,TR- ,0T](':£`IR Pr gar &.2013 -201 RKing County ContaCIA -LIC: In -7-13 20113 -12013 (7111molementmion Agrm ment Mkh Kwg (.'mrty.dc-
20
City of Federal Way — Exhibit A
Commute Trip Reduction Services Contract
Scope of Work
Period: July 1, 2013, through June 30, 2015
King County will implement all elements of the City of Federal Way CTR workplan through the
following activities
Strategy 1: Train all new ETCs and new sites to ensure that they have an understanding of the
requirements of the law, implementation strategies and their site's performance to date.
Description:
• Consult with ETCs at new sites and with new ETCs at existing sites, conduct basic ETC
training quarterly, survey training as needed, update and maintain CTR website and
printed information.
Deliverables:
• Offer regular ETC basic training sessions
• Consult with new ETCs at new sites and at existing sites
• Offer survey briefings aligned with survey cycles
• Maintain CTR website as a source of information, materials and tools
Strategy 2: Track and notify employers of legally required activities and provide technical
assistance to all employers for legal compliance.
Description:
• Notify new sites; assist them with baseline survey and initial program development.
• Send survey and program notifications to all sites, review extensions and exemptions
requests, set up and assist sites with paper and online surveys and program reporting.
• Negotiate steps for compliance with non - compliant worksites. Maintain database and
master file records on all sites.
• Provide WSDOT with an electronic copy of city's CTR - affected employers and ETCs
quarterly or as required by WSDOT.
Deliverables:
• Notify new and existing sites of survey and program reporting requirements within
timeframes specified in Law and/or Ordinance
• Maintain electronic and paper records in accordance with WSDOT requirements
• Document sites' compliance with required activities
Strategy 3: Focus program review and survey analysis time on sites that have not made progress
towards goal and spend less time reviewing program reports for sites that have made progress or
goal.
29
1
Description:
• For sites that have met or made progress towards goal, focus program review for
completeness of report and approve using electronic submittal.
• For no progress sites, conduct survey analysis and make recommendations for program
improvements to ETC.
• Review programs for inclusion of recommendations, as well as completeness and
program summary.
Deliverables:
• Review all programs for completeness
• Approve programs for sites that have made progress or goal
• Consult with sites that have not made progress or goal and recommend improvements to
program
Strategy 4: Assist ETCs with marketing of commute programs and ensure they meet their
program information distribution requirements. Help ETCs become a major resource to their
employees by providing them with up -to -date commute information, tools for communicating
with employees, turn-key commuter promotions, and opportunities to attend employer network
group meetings.
Description:
• Review program summary and make marketing recommendations at sites that did not
make progress towards goals.
• Send transportation related news and announcements via email to all ETCs; coordinate
and distribute materials and information for promotions such as Wheel Options and Bike
to Work Day; schedule, promote, engage speakers and invite ETCs to employer network
group meetings, as needed.
Deliverables:
• Send regular emails to ETCs on transportation related issues that they can share with their
employees
• Inform ETCs of program summary template on website
• Print and mail new set of commute options posters to sites
• Distribute promotional materials to sites for county and state -wide promotions
• Notify ETCs of network group meetings
Strategy 5: Actively promote alternatives to drive -alone commuting at worksites targeted by
location, corridor, industry or lack of progress toward goal.
30
2
Description:
• Identify highly congested employment areas and/or sites that have not made
Progress toward goals for targeted outreach. Develop strategies to help ETCs
communicate and promote program to employees, implement targeted promotions.
Deliverables:
• Organize promotions or events at select targeted areas, corridors or industries.
31
3
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32
COUNCIL MEETING DATE: November 19, 2013 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AMENDMENTS TO THE FWRC FOR URBAN AGRICULTURE
POLICY QUESTION: Should the City amend the Federal Way Revised Code (FWRC) to provide definitions for urban
agriculture uses and establish development regulations pertaining to the appropriate siting and character of such uses within
the City of Federal Way?
COMMITTEE: Land Use and Transportation MEETING DATE: November 4, 2013
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Senior Planner, Janet Shull, AICP DEPT: Community and Economic
_ Development
Background: In March, 2012, the Federal Way City Council adopted Resolution 12 -617 directing staff to develop draft
comprehensive plan and zoning code amendments for urban agricultural uses. In the summer of 2012, CED staff was awarded a
grant for technical assistance from Forterra to assist with the development of urban agriculture policies and regulations. On
January 15, 2013, the City Council adopted Ordinance 13 -736 that established comprehensive plan polices related to urban
agriculture. The Planning Commission conducted a study session in January 16, 2013 and a public hearing on September 18,
2013 at the close of which they recommended to the council approval of the staff recommendation with one modification to the
definition of Farmers Market (modified language shown on page 3 of Attachment 1 — Draft Adoption Ordinance). On October 7,
2013, the LUTC conducted a public meeting on the proposed regulations at the close of which they recommended that staff
prepare further modification to the definition of "farmers market" and bring the item back to the November 4, 2013 LUTC
meeting for further consideration.
Attachments: 1) Staff Report to the LUTC; 2) Draft Adoption Ordinance; 3) Staff Report to the Planning Commission with
Exhibits A -D; 4) Draft Minutes of the September 18, 2013, Planning Commission Public Hearing.
Options Considered: 1) Adopt the Mayor's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Mayor's
recommendation as further amended by the City Council; 3) Do not adopt the Mayor's recommendation .
MAYOR'S RECOMMENDATION: The Mayor recommends adoption of the proposed amendments as written in the Draft
Adoption Ordinance.
MAYOR APPROVAL: Zino Council DIRECTOR APPROVAL: G
Comm ee Co ittee
COMMITTEE RECOMMENDATION:
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
1sT READING OF ORDINANCE (NOVEMBER 19,2013): "I move to forward the proposed ordinance to the December 3,
2013 meeting for second reading and enactment. "
2ND READING OF ORDINANCE (DECEMBER 3,2013): "1 move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
• TABLED/DEFERRED/NO ACTION Enactment reading
• MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED- 08/12/2010 33 RESOLUTION#
41k
CITY OF
Federal Way
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
October 28, 2013
TO:
Bob Celski, Chair
Members of the Land Use/Transportation Committee (LUTC)
VIA:
Skip Priest
FROM:
Janet Shull, AICP, Senior Planner
Isaac Conlen, Planning Manage
SUBJECT:
Urban Agriculture Code Amendments
MEETING DATE: November 4, 2013
A. POLICY QUESTION
Should the City of Federal Way approve amendments to the Federal Way Revised Code
(FWRC) to provide definitions for urban agriculture uses and establish development regulations
pertaining to the appropriate siting and character of such uses within the City of Federal Way?
B. BACKGROUND
This section focuses on the definition of "Fanners Market" as follow up to the discussion at the
October 7, 2013 LUTC meeting. For the full background on the development of the proposed Urban
Agriculture regulations, please refer to the Staff Report to the Planning Commission attached to the
Council Agenda Bill.
At the October 7 LUTC meeting, staff presented the proposed code amendments and the Planning
Commission recommendation to approve the proposed amendments with one modification to the
definition of "Farmers Market ". The planning commission directed staff to modify the definition of
farmers market to change the language to read that food - related products shall be the majority of
products for sale, rather than should, and that the definition also specify vendor space be measured by
the overall width of vendor display space.
The Planning Commission - recommended definition is of concern to the Federal Way Farmers Market
managers who expressed their concern during the public comment portion of the LUTC meeting.
Concerns include the fluctuation of vendor mix throughout the course of the year (for example early
and late market dates may have less fresh produce available for sale than the middle of the season).
In addition, the Federal Way Farmers Market also serves as a magnet for community events that
would not necessarily be considered food vendors. Therefore, the market managers don't want a
definition to be adopted that might jeopardize the ability for the farmers market to serve the greater
community demand for support of popular local events.
City Council Committee Staff Report Meeting Date: November 4, 2013
Urban Agriculture Code Amendment 34 Page 1
C
In order to further consider the concerns raised by the Farmers Market managers in light of the
Planning Commission recommendation, the LUTC passed a motion directing staff to work on
clarifying language for the Fanners Market definition and to bring the item back to the November 4,
2013 LUTC meeting for consideration.
In the weeks following the October 7, LUTC meeting, staff conducted further research on possible
Farmers Market definitions and also held a follow -up meeting with the Farmers Market managers to
discuss their concerns. After further research and discussion, staff has identified further modifications
that could be made to the Planning Commission - recommended definition that would make that
definition more workable for the Federal Way Farmers Market. These modifications include:
• Specifying that the type of products sold would be considered over the course of a calendar
year (as opposed to each day the market is in operation).
• Specifying that in addition to food- related products, the majority of vendors also include
plants, flowers, and hand - crafted arts and craft products to better capture the actual vendor
mix typically found at the Federal Way Farmers market.
• Specifying that the vendor ratio would be calculated based on number of vendors selling
specific products rather than width of saleable space (the market manager keeps information
on who the vendors are each week, but does not keep records on the width/size of vendor
stalls).
• Specifying that community events are not typically counted as market vendors (this would
avoid confusion as to whether community events are to be counted as vendors).
C. RECOMMENDED ACTION
As noted in Section B above, staff took into consideration the LUTC direction and the concerns
expressed by the managers of the farmers market, and then prepared a modification to the definition of
Farmers Market as recommended by the Planning Commission.
STAFF RECOMMENDATION: Staff is recommending the following for the LUTC's consideration:
1. Adoption of the Planning Commission's recommendation as shown in the Draft
Adoption Ordinance with the following modifications to the definition of
"Farmers Market" (further modifications shown in double underline bold font).
"Farmers market" means a temporary (typically outdoor) or permanent (indoor or
outdoor) market where fanners, producers, and other vendors sell whole produce; value -added
agricultural products such as jams, jellies, and pickles; prepared food; plants; flowers; meats; dairy
products; shellfish and finfish; and other food - related products. Additionally, some vendors may
sell non - food - related products and servicesu,e majority of products for sale
throughout the course of the calendar year sheuW —shall be food - related products - nl�ants-
flowers, and hand crafted arts and crafts products as determined by the number of vendors
selling said products.. ---determined by ovenAl width of saleable sone-devoted to sale
food related . Entertainment and other community activities may also be provided and
are typically not considered to be market vendors; however, these activities shall be ancillary in
nature and support the primary purpose of providing a venue for farmers to sell fresh produce and
other agricultural products.
City Council Committee Staff Report Meeting Date: November 4, 2013
Urban Agriculture Code Amendment 35 Page 2
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to urban agriculture; amending FWRC 19.05.010, 19.05.030,
19.05.060, 19.05.160, 19.05.210, 19.140.120, and adding new sections to
FWRC Chapters 19.195, 19.200, 19.205, 19.210, 19.215, 19.220, 19.225,
19.230, 19.235, 19.240, and adding a new chapter to FWRC Division
VII "Supplemental Zoning Regulations ". (Amending Ordinance Nos.
12- 724,12- 720,11 -700, 09 -610, 09 -605, 09 -593, 08 -585, 07 -573, 07 -554,
06 -523, 05 -487, 05 -486, 99 -357, and 99 -348)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code (F)XTRC), "Zoning and Development Code," in order to conform to state and
federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to
chapter 19.35 FWRC; and
WHEREAS, it is in the public interest for the City Council to adopt amendments to the
FWRC which establish development regulations for urban agriculture within the City of Federal
Way; and
WHEREAS, there is a great deal of community interest in locating urban agriculture uses
including farmers markets, community gardens and pea patches within the City of Federal Way;
and
WHEREAS, the FWRC does not currently define urban agriculture or provide clear
direction on the siting and appropriate development standards for such uses; and
Ordinance No. 13- Page 1 of 36
Rev 1 /10 LU
36
WHEREAS, on March 20 2012, the City Council adopted Resolution 12 -617 that
directed staff to develop comprehensive plan and zoning code amendments for City Council
consideration related to urban agriculture; and
WHEREAS, staff applied for and was a awarded a grant from Forterra for technical
assistance with preparing draft comprehensive plan policies and regulations that address urban
agriculture; and
WHEREAS, Forterra staff conducted workshops on urban agriculture policies and
regulations with the public on September 12, 2012, October 15, 2012 and January 8, 2013; and
WHEREAS,. on January 15, 2013, the City Council adopted Ordinance 13 -736 that
established comprehensive plan policies related to urban agriculture; and
WHEREAS, the Planning Commission conducted a public workshop on these proposed
code amendments on January 16, 2013; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly
issued for the Proposal on August 30, 2013, and no comments or appeals were received and the
DNS was finalized on September 27, 2013; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on September 18, 2013, and forwarded a recommendation of
approval with modification to the City Council as follows: (1) the definition of Farmers Market
shall be modified to read as follows:
"Farmers market" means a temporary (typically outdoor) or permanent (indoor
or outdoor) market where farmers, producers, and other vendors sell whole produce;
value -added agricultural products such as jams, jellies, and pickles; prepared food; plants;
flowers; meats; dairy products; shellfish and finfish; and other food - related products.
Ordinance No. 13-
37
Page 2 of 36
Rev 1 /10 LU
Additionally, some vendors may sell non - food - related products and services; however,
the majority of products for sale should shall be food - related products as determined by
the overall width of saleable space devoted to sale of food - related products.
Entertainment and other community activities may also be provided; however, these
activities shall be ancillary in nature and support the primary purpose of providing a
venue for farmers to sell fresh produce and other agricultural products.
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council
considered these code amendments on October 7, 2013, and November 4, 2013 and
recommended adoption of the text amendments as recommended by the Planning Commission,
with further modification to read as follows.....
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findinas. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and
will benefit the City as a whole by providing predictability in terms of the review process and
applicable regulations that shall apply to the siting of urban agriculture uses within the city
limits.
(b) These code amendments comply with Chapter 36.70A RCW, Growth
Management.
Ordinance No. 13-
38
Page 3 of 36
Rev 1/10 LU
(c) These code amendments are consistent with the intent and purpose of Title 19
FWRC and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
(d) These code amendments bear a substantial relationship to, and will protect and
not adversely affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the
FWRC.
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary for the
adoption of the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
LUG9 Provide access to healthy food resources for all residents through
opportunities for urban agricultural activities, such as farmers markets, farmstands,
community supported agriculture (CSA) drop -off sites, community gardens, pea
patches, school gardens, home gardens, and urban farms.
LUP51 Establish development regulations that allow for healthy food resources as a
permitted use and provide for on -site sale and delivery of healthy foods, on public
and private property, where appropriate.
LUG 10 Encourage and support farmers market opportunities that are accessible to
all residents.
Ordinance No. 13-
39
Page 4 of 36
Rev 1 /10 LU
LUP53 Establish development regulations that allow for farmers markets as a
permitted use on public and private property, where appropriate.
(b) The proposed FWRC amendment bears a substantial relationship to the public
health, safety, and welfare because the text amendments clarify that the City of Federal Way is
supportive of urban agriculture uses that increase citizens access to locally grown, healthy foods,
while also increasing educational and economic opportunities associated with developing and
maintaining urban agriculture uses.
(c) The proposed amendment is in the best interest of the public and the residents of
the City of Federal Way because greater availability of locally grown, healthy foods and opportunities
to get involved in local urban agriculture activities will increase residents' access to healthy lifestyle
choices; whether it be access to healthier food and/or access to healthy outdoor activities by participating
in local urban farms and gardens.
Section 3. FWRC 19.05.010 is hereby amended to read as follows:
19.05.010 A definitions.
"Abandoned" means knowing relinquishment, by the owner, of right or claim to the subject property
or structure on that property, without any intention of transferring rights to the property or structure to
another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" includes
but is not limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure.
"Abandoned personal wireless service facility" means a PWSF that meets the following:
(1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or
(2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or
more consecutive days; or
(3) The antenna has been relocated at a point less than 80 percent of the height of the support structure;
or
(4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or
more consecutive days.
"Accessory" means a use or structure which is subordinate and incidental in size, scale, design, or
purpose to the principal use or structure on the subject property, and supports the principal use or
structure without displacing or dominating it. See FWRC 19.265.010.
"Accessory dwelling unit (ADUj " means either a freestanding detached structure, excluding outdoor
storage containers and similar structures used or designed to be used as living facilities, or an attached
part of a structure which is accessory to the main or primary dwelling unit located on the subject property,
Ordinance No. 13-
40
Page 5 of 36
Rev 1 /10 LU
providing complete, independent living facilities exclusively for one single housekeeping unit, including
permanent provisions for living, sleeping, cooking and sanitation. See FWRC 19.265.020. ADUs include:
(1) `ADU, attached" means an accessory dwelling unit that has one or more vertical and/or horizontal
walls in common with or attached to the primary dwelling unit.
(2) "ADU, detached" means a freestanding accessory dwelling unit that is not attached or physically
connected to the primary dwelling unit.
"Accessory living facility" means an area or structure on the subject property, which is accessory to a
permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and
sanitation for an employee on the subject property and that employee's family, or for the business
owner /operator and that person's family.
"Active uses" means uses that by their very nature generate activity, and thus opportunities for natural
surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc.
"Adjoining" means property that touches or is directly across a street from the subject property. For
the purpose of height regulations, any portion of a structure which is 100 feet or more from a low density
zone is not considered to be adjoining that zone.
"Administrator" for the purpose of sign regulations means the director or his/her designated
representative.
"Adult entertainment, activity, retail, or use " shall mean all of the following:
(1) "Adult theater" shall mean a building or enclosure or any portion thereof used for presenting
material distinguished or characterized by an emphasis on matter depicting, describing or relating to
specified "sexual activities" or "specified anatomical areas" (defined below) for observation by patrons
therein and which excludes minors by virtue of age.
(2) "Adult entertainment" shall mean a cabaret, nightclub or other establishment which features go-go
dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who
are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or
other activities include or mimic "specified sexual activities" (defined in FWRC 19.05.190) and which
establishment excludes minors by virtue of age, and shall mean any of the adult entertainment
establishments as defined in FWRC 12.10.010.
(3) "Panorama" and `peepshow" shall mean as defined in FWRC 12.10.010.
(4) "Adult retail" shall mean a retail establishment which, for money or any other form of
consideration, either:
(a) Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or
provide for viewing, off the premises, any adult- oriented merchandise; or
(b) Provides, as its substantial stock -in -trade, for the sale, exchange, rental, loan, trade, transfer,
and/or viewing or use, off the premises, any adult- oriented merchandise.
Activities and uses defined as "adult entertainment, activity, retail, or use" are only permitted in the
zone where that term is specifically listed as an allowable use and only in conformance to the
requirements as stated for that use.
"Adult family home " means a residential home for which a person is licensed to provide personal care,
special care, room, and board to more than one, but not more than six, adults who are not related by blood
or marriage to the person or persons providing the services. The number of residents in an adult family
home may be no more than the total of the residents being provided services, plus a family that includes at
least one service provider. Any limitation on the number of residents resulting from this definition shall
not be applied to the extent it would prevent the city from making reasonable accommodations to disabled
persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the
Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the
extent that would cause a residential structure occupied by persons with handicaps, as defined in the
Federal Fair Housing Amendments Act of 1988, to be treated differently than a smaller residential
structure occupied by other related or unrelated individuals. See FWRC 19.105.080.
Ordinance No. 13-
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"Adult- oriented merchandise " shall mean any goods, products, commodities, or other wares,
including, but not limited to, videos, CD -ROMs, DVDs, magazines, books, pamphlets, posters, cards,
periodicals, or nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or
"specified sexual activities" (defined in F)WRC 19.05.190).
"Agricultural use" means any agricultural, stable or livestock use listed as an allowable use in the
suburban estate zones. See definition of "urban agriculture."
"Air rights " means the right to control the use of the space above the surface of the ground.
"AAART" means "all known, available and reasonable methods of prevention, control and treatment,"
and is the most current methodology that can be reasonably required for preventing, controlling, or
abating the pollutants associated with a point or nonpoint discharge. See also "best management
practices."
"Alluvium" means soil deposits transported by surface waters.
Animal Care Facility. See definition of "animal kennel."
"Animal kennel" means any structure or premises in which animals are boarded (including day care) or
bred for a fee or compensation. Animal kennels may also offer grooming, training, sales of ancillary
items, and related activities.
"Antenna(s) " means any system of electromagnetically tuned wires, poles, rods, reflecting discs or
similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based
points, including, but is not limited to:
(1) "Omni - directional (or `whip ) antenna(s) " transmits and receives radio frequency signals in a 360 -
degree radial pattern.
(2) "Directional (or paned ) antenna(s) " transmits and receives radio frequency signals in a specific
directional pattern of less than 360 degrees.
(3) "Parabolic (or `dish ) antenna(s) " is a bowl- shaped device for the reception and/or transmission of
communications signals in a specific directional pattern.
(4) "Ancillary antenna " is an antenna that is less than 12 inches in its largest dimension and that is not
directly used to provide personal wireless communications services. An example would be a global
positioning satellite (GPS) antenna.
"Antique " or "collectible " means any article which, because of age, rarity, or historical significance,
has a monetary value greater than its original value, or which has an age recognized by the United States
government as entitling the article to an import duty less than that prescribed for contemporary
merchandise.
"Applicant" means a person who, whether personally or through an agent, seeks, requests, or applies
for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC);
a person who is the owner of property subject to this title, and a person who is engaged, whether
personally or through an agent, in development activity. "Applicant" includes both the principal and any
agent-
"Aquifer" means a geological formation that is capable of yielding a usable amount of fresh water to a
well or spring.
"Arcade " means a linear pedestrian walkway that abuts and runs along the facade of a building. It is
covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its
open side. There may be habitable space above the arcade.
"Architectural embellishments for sign regulations " means the aesthetic elements of the structure that
includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the
sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements
surrounding or supporting the sign.
"Average building elevation (ABE) " means the average of the highest and lowest existing or proposed
elevations, whichever is lowest, taken at the base of the exterior walls of the structure, or it means five
Ordinance No. 13-
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feet above the lowest of the existing or proposed elevations, whichever is lowest. ABE is the elevation
from which building height is measured.
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"Average slope" means the average grade of land within each land area representing a distinct
topographical change.
"Awning" means a nonrigid, roof -like cover that projects from a building as a shelter, but that does not
project above the adjacent parapet or roof of a supporting building.
(Ord. No. 11 -700, § 3, 9- 20 -11; Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord.
No. 09 -593, § 24,1-6-09; Ord. No. 08 -585, § 3(Exh. A), 11 -4 -08. Code 2001 § 22 -1.1.)
Section 4. FWRC 19.05.030 is hereby amended to read as follows.
19.05.030 C definitions.
"Canopy" means a permanent, rigid, roof -like structure that projects from a building as a shelter, with
no habitable space above it, but that does not project above the adjacent parapet or roof of a supporting
building. A freestanding canopy is a rigid, roof -like structure providing shelter that is supported by one or
more posts embedded in the ground.
Cargo Containers. See "outdoor storage containers" and "portable moving containers."
"Cell -on- wheels (C -O -W) " means a mobile temporary personal wireless service facility.
"Cemetery" means land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses,
when operated in conjunction with and within boundaries of such cemetery.
"Church, synagogue or other place of religious worship" means an establishment, the principal
purpose of which is religious worship and for which the principal building or other structure contains the
sanctuary or principal place of worship, and which establishment may include related accessory uses.
"Clearing" means the destruction and removal of vegetation by manual, mechanical, or chemical
methods.
"Clearview zone " means the areas around intersections, including the entrance of driveways onto
streets, which must be kept clear of sight obstruction. See FWRC 19.135.300.
"College or university" means a post- secondary institution for higher learning that grants associate or
bachelor degrees and may also have research facilities and/or professional schools that grant master and
doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or
certificates of completion in business or technical fields.
"Collocation " means the placement and arrangement of multiple providers' antennas and equipment
on a single support structure or equipment pad area.
Ordinance No. 13-
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"Commercial recreation facility" means an indoor facility and use operated for profit, with private
facilities, equipment or services for recreational purposes including swimming pools, tennis courts,
playgrounds and other similar uses. The use of such an area may be limited to private membership or may
be open to the public upon the payment of a fee.
"Commercial use" means the uses allowed in the commercial zones and the nonindustrial uses
permitted in the commercial enterprise zone and not permitted in any other zones of the city.
"Commercial vehicle" means any truck over 10,000 pounds gross vehicle weight rating (GVWR), as
defined in RCW 46.25.010, which is typically used principally for the transportation of commodities,
vehicles, merchandise, produce, freight, or animals; as well as any bulldozers, backhoes, cranes, or
similar construction equipment.
"Commercial zones " means the BN, BC, CC -C and CC -F zoning districts.
"Common recreational open space usable for many activities " means any area available to all of the
residents of the subject property that is appropriate for a variety of active and passive recreational
activities (including activities suitable for all age groups) and is not:
(1) Covered by buildings or parking or driving areas.
(2) Covered by any vegetation that impedes access.
(3) On a slope that is too steep for recreational activities.
"Common space" means an area within a development, which is used primarily by the occupants of
that development, such as an entryway, lobby, courtyard, outside dining area, etc.
"Community ardens" means Privately or publicly owned land used for the cultivation of fruits,
vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into
separate plots for cultivation by one or more individuals, or may be farmed collectively by
members of a group and may include common areas maintained or used by group members. Food
grown is typically for community garden members or as a donation. See also the definitions for
"agricultural use," "urban agriculture," and "farm stand."
"Community recreation area or clubhouse " means an area devoted to facilities and equipment for
recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and
other similar uses, which area is maintained and operated by a nonprofit club or organization whose
membership is limited to the residents within a specified development or geographic area.
"Community service event" or "civic event" means an event or gathering (such as a food fest, concert,
fun run, cultural exhibition, or charitable fund- raising event) sponsored by a private or public nonprofit
organization. Sponsoring organizations can include, but are not limited to, schools, churches, and/or civic
fraternal organizations, theater and arts groups, and charitable organizations. The event may not be
primarily for the purpose of selling or promoting merchandise or services.
"Comprehensive plan " means the ordinances of the city, as adopted and amended from time to time,
under RCW 35A.63.060 through 35A.65.080 and the shoreline master program.
"Contour line " means the interconnection of points having the same height above sea level.
"Convalescent center " means an inpatient facility, excluding facilities defined as hospitals, for patients
who are recovering from an illness or who are receiving care for chronic conditions; mental, physical,
emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include
assisted living facilities.
"Copy" for signs means the graphic content of a sign surface in either permanent or removable letter,
pictographic, symbolic, or alphabetic form.
"Cottage food operation" means a business licensed by the State of Washington to make low -risk
food products in a home kitchen and sell directly to consumers.
"Cottage housing development (CHD) " means residential development consisting of clusters of
between four and 16 detached dwelling units, that includes cottages and may include compact single -
family units, and meets the following criteria:
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(1) Dwelling units are limited to a maximum square footage; and
(2) Dwelling units are grouped around a common open space; and
(3) Developments meet a set of design criteria not applicable to typical single - family developments as
stipulated in Chapter 19.250 FWRC.
"Critical aquifer recharge areas" means areas in which water reaches the zone of saturation by
surface infiltration and includes areas hydrogeologically susceptible to contamination and contamination
loading potential including, but not limited to, sole water source aquifer recharge areas, special protection
groundwater management areas, wellhead protection areas, and other areas with a critical recharging
effect on aquifers used for potable water.
"Critical root zone " means an area equal to 12 inches radius for every one inch of tree diameter
measured at four and one -half feet above ground.
"Cross- section (drawing) " means a visual representation of a vertical cut through a structure or any
other three- dimensional form.
"Curb cut" means the connection of a driveway with a street, which may entail a structural alteration
to the curb by lowering the height of part of the curb.
"Cut" means a portion of land surface or area from which earth has been removed or will be removed
by excavation. Also known as excavation.
(Ord. No. 12 -724, § 3, 6 -5 -12; Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord.
No. 09 -593, § 24,1-6-09; Ord. No. 08 -585, § 3(Exh. A), 114-08. Code 2001 § 22 -1.3.)
Section 5. FWRC 19.05.060 is hereby amended to read as follows.
19.05.060 F definitions.
"Facade" means the entire building front including the parapet.
"Family" means an individual; a group of not more than five individuals; or two or more individuals
related by not more than four degrees of affinity or consanguinity, including persons under legal
guardianship. Any limitation on the number of residents resulting from this definition shall not be applied
to the extent it would prevent the city from making reasonable accommodations to disabled persons in
order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair
Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This defmition shall not be applied to the
extent that it would cause a residential structure occupied by persons with handicaps, as defined in the
Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential
structure occupied by other related or unrelated individuals.
"Family day care " means a business regularly providing care during part of the 24 -hour day to 12 or
fewer persons, including children and/or adults, and the children, if applicable, of the day care provider,
in the family abode of the person or persons under whose direct care those receiving care are placed.
Family day care includes family day care homes for children as defined by RCW 35.63.170 and in -home
day care for adults. See FWRC 19.105.070.
"Farmers market" means a temporary (typically outdoor) or permanent (indoor or outdoor)
market where farmers, producers, and other vendors sell whole produce; value -added agricultural
products such as iams, iellies, and pickles; prepared food, plants, flowers; meats; dairy products;
shellfish and finfish; and other food- related products. Additionally, some vendors may sell non-
food-related products and services; however, the majority of products for sale shall be food - related
products as determined by the overall width of saleable space devoted to sale of food - related
products Entertainment and other community activities may also be provided; however, these
Ordinance No. 13-
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other activities shall be ancillary in nature and support the primary purpose of providing a venue
for farmers to sell fresh produce and other agricultural products.
"Farm stand" means a structure accessory to a community garden, urban farm, or cottage food
operation for the display and sale of vegetables or produce, flowers, orchard products, animal
products, locally produced packaged food products, and similar products grown or produced on
the general property on which the stand is located. See the definitions for "community gardens,"
cottage food operation," and "urban farm."
"Fast food restaurant" means an establishment which offers quick food service which is accomplished
through one or more of the following mechanisms:
(1) Limited menu of easily produced items.
(2) Orders are not taken at the customer's table.
(3) Food is served in disposable wrappings or containers.
"Fence" means a manmade barrier or wall constructed for the purpose of enclosing space or separating
parcels of land.
"Festoons " means a string of ribbons, tinsel, small flags, or pinwheels.
"Fill" means depositions of earth materials by artificial means.
"Fill material " means dirt, rock, gravel, broken concrete, and similar substances used to change the
level of the ground or to provide an even surface, but excluding topsoil, bark, rocks, or gravel placed on
the surface of the ground for gardening, landscaping, or ornamental purposes.
"Finished grade" means the final contour of the land surface prior to landscaping.
"Flag" means any piece of cloth of individual size, color and design, used as a symbol, signal,
emblem, or for decoration.
"Flag lot" or `panhandle lot" means a lot in the shape of a flag or pan that is connected to the road or
street right -of -way by a narrow strip of land. The narrow strip of land connecting the main portion of the
lot to the road or street right -of -way is the "flag pole" or "access panhandle" part of the lot.
"Floor" means the horizontal surface inside a structure designed and intended for human use and
occupancy.
"Floor area" means the total area of a building floor plate in gross square feet.
"Frontage of a property" means the length of the property line along any public right -of -way on which
it borders. "Frontage of a building" means the length of an outside building wall on a public right -of-
way.
(Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord. No. 09 -593, § 24,1-6-09. Code
2001 § 22 -1.6.)
Section 6. FWRC 19.05.160 is hereby amended to read as follows.
19.05.160 P definitions.
"Panhandle lot" means flag lot.
"Parking area" means any area designed or used for parking vehicles.
"Parking space " means an area which is improved, maintained and used for the sole purpose of
temporarily accommodating a motor vehicle that is not in use.
"Parking structure " means a building or structure consisting of more than one level, above and/or
below ground, and used for temporary storage of motor vehicles.
"Pea patch garden" see the definition for "community gardens."
"Personal wireless service facility (PWSF) " means a wireless communication facility, including a
microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which
may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve
the necessary elevation, and reception and transmission devices and antennas.
Ordinance No. 13-
46
Page 11 of 36
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"Personal wireless services " means commercial mobile services, unlicensed wireless services, and
common carrier wireless exchange access services, as defined by federal laws and regulations.
"Plaza" means a pedestrian space that is available for public use and is situated near a main entrance
to a building or is clearly visible and accessible from the adjacent right -of -way. Typical features and
furnishings include special paving, landscaping, pedestrian-scale lighting, seating areas, weather
protection, water features, art, trash receptacles, and bicycle racks.
"Portable moving containers" means new or used prefabricated units that can be rented by residential
or business customers for temporary accessory moving and storage activities, including, but not limited
to, such products trademarked as "PODS" (Personal on Demand Storage), "SAM" (Store and Move), and
"Door to Door." Such containers are typically delivered to a site by truck, left on site for a temporary
loading period, then retrieved by truck and delivered to another location, which may include a storage
facility. See FWRC 19.275.020.
"Preapplication conference " means a meeting, between an applicant and members of the development
review committee, which is held prior to formal application, during which the project is discussed relative
to pertinent codes and regulations.
"Primary vehicular access " means the street, vehicular access easement, or private tract from which
the majority of vehicles enter the subject property.
"Principal use " means the primary or predominant use of any lot or parcel.
"Private club " means an association of persons organized for some common purpose, but not
including groups organized primarily to sell merchandise or render a service which is customarily carried
on as a business.
"Property line" means those lines enclosing the subject property and those lines defining a recorded
vehicular access easement or tract. The following are categories of property lines:
(1) The front property line is any property line that is adjacent to a primary vehicular access. If the
subject property is adjacent to more than one primary vehicular access, the applicant shall designate
which of the adjacent property lines is the front property line and the remainder of such adjacent property
lines will be considered as either a rear property line or side property line, based on the definition in this
section, except the property line adjacent to an arterial or primary collector shall not be designated as a
primary vehicular access.
(2) For flag lots, the yard setbacks shall be applied per the following graphic:
Ordinance No. 13-
47
Page 12 of 36
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+_ _____» 021V _. + «_ + «_ »,
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(3) The rear property line is any property line that is farthest from, and essentially parallel to, the front
property line.
(4) The side property line is any property line other than a front property line or a rear property line.
"Public park" means a natural or landscaped area, provided by a unit of government, to meet the
active or passive recreational needs of people.
"Public space " means a passive or active recreational area designed specifically for use by the general
public as opposed to serving merely as a setting for the building. Such areas may include parks, gardens,
plazas, entrance lobbies, arboretums, solariums, and bandstands, or an approved combination thereof, and
may contain exterior or interior spaces. Such areas shall be easily accessible from adjacent public areas
Ordinance No. 13-
48
Page 13 of 36
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and available to the public at least 12 hours each weekday. Public on -site open space may be privately
owned, but must be permanently set aside and maintained for the use and benefit of the public.
"Public utility" means the facilities of a private business organization such as a public service
corporation, or a governmental agency performing some public service and subject to special
governmental regulations, the services which are paid for directly by the recipients thereof. Such services
shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and
transportation for persons and freight. The term also includes broadcast towers, antennas and related
facilities operated on a commercial basis.
"Public works director" means the director of the department of public works of the city.
(Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -593, § 24,1-6-09; Ord. No. 08 -585, § 3(Exh. A), 11 -4 -08. Code
2001 § 22- 1.16.)
Section 7. FWRC 19.05.210 is hereby amended to read as follows.
19.05.210 U definitions.
"Urban agriculture" is an umbrella term encompassing a wide range of activities involving the
raising, cultivation, processing, marketing, and distribution of food. Urban agriculture land uses
include: community gardens, urban farms, cottage food operations, farm stands, and farmers
markets. See also the definitions for "agricultural use," "community gardens," "cottage food
operation," "farm stand," and "farmers market."
"Urban farm" means Privately or publicly owned land used for the cultivation of fruits,
vegetables, plants, flowers, or herbs by an individual, organization, or business with the primary
purpose of growing food for sale.
"Use " means the activities taking place on property or within structures thereon. Each separate listing
under the "Use" column in FWRC 19.195.010 through 19.245.010 is a separate use.
(Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -593, § 24,1-6-09. Code 2001 § 22- 1.21.)
Section 8. FVWRC 19.140.120 is hereby amended to read as follows.
Ordinance No. 13-
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Page 14 of 36
Rev 1/10 LU
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Section 19. Title 19, Division VII, Supplemental Zoning Regulations, of the Federal Way
Revised Code is hereby amended to add a new chapter 19.19.262 to read as follows:
Chapter 19.262. "Urban Agriculture "'
Sections:
19.262.010 Purpose.
19.262.020 Applicability.
19.262.030 Community gardens and urban farms.
19.262.040 Farmers markets.
19.262.050 Farm stands.
19.262.060 Cottage food operations.
19.262.070 Accessory structures.
19.262.080 On -site sale of urban agriculture products.
19.262.010 Purpose.
The purpose of this chapter is to: (1) support urban agriculture uses, including community
gardens, urban farms, farmers markets, farm stands, and cottage food operations, (2) provide
opportunities for Federal Way residents to access locally produced healthy foods, (3) increase local
food security, (4) reduce greenhouse gas production related to transport of fresh produce from
distant locations; (5) provide additional economic opportunities for Federal Way citizens; and (6)
ensure that urban agriculture uses are compatible with surrounding land uses.
19.262.020 Applicability.
This cbapter establisbes special regulations that govern urban agriculture. Urban agriculture
uses include community Gardens urban farms, farmers markets, farm stands, and cottage food
operations as defined in FWRC 19.05. Urban agriculture does not include landscaping or gardening
that is incidental to any permitted use. In recognition of site - specific opportunities and constraints,
the director shall have the authority to allow for departure from the specific or numeric provisions
contained in these regulations, provided the end result is consistent witb the purpose statement of
this chapter.
19.262.030 Community gardens and urban farms.
(1) Community garden and urban farm uses are permitted in any zone.
a. Applicants for community garden and urban farm uses shall submit a community
garden/urban farm management plan for director approval that addresses the potential impacts on
surrounding uses and natural systems and includes the following:
L Off - street parking, if applicable;
ii. Garden /farm management rules that will govern
Ordinance No. 13-
garden/farm users and/or employees;
iii. Location, size, and type of any proposed accessory
structures;
iv. Processing and /or sale of food produced on site;
v. Storage and application of agricultural chemicals, including
fertilizers and pesticides, and a hazardous material
67
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checklist if site is located within a designated wellhead
protection zone;
vi. Location and plans for composting facilities;
vii. Mechanical equipment to be used on site;
viii. Stormwater management; and
ix. Soil testing if site is located within area designated as
potentially contaminated at greater than 20 parts per
million (ppm) by the Tacoma smelter plume.
b. Written notice shall be provided by mail for community garden and urban agriculture
uses that are larger than 10,000 square feet in size and located within a residential zoning district,
to persons receiving property tax statements for all properties within 300 ft. of each boundary of
the subiect property. The notice shall contain the following information:
i. The name of applicant and, if applicable, the project name.
ii. The street address of the subiect property, or if this not
available, a description of the location of the property in
nonlegal language. along with a vicinity may that identifies
the subiect property.
iii. A statement of the right of any person to submit written
comments to the director reeardine-the application within
14 days of the date of the notice.
iv. A statement that only the applicant, persons who submit
written comments to the director, or persons who
specifically request a copy of the original decision may
appeal the director's decision.
c. The director shall approve the proposed community garden/urban farm use upon
finding that the proposal adequately addresses the following criteria:
i. The proposed use does not negatively impact sensitive areas
on or adiacent to the subiect site;
ii. The proposed use will not result in excessive noise or
emissions that are not typically associated with operation of
household mechanical equipment;
iii. Applicable provisions of FWRC Chapter 19.120 "Clearing,
Grading, and Tree and Vegetation Retention" are
addressed;
iv. On -site parking needs, if any, are addressed; and
v. On -site contaminated soils, if any, are addressed.
d. The director may condition or modify the community garden /urban agriculture
proposal as necessary to ensure the above criteria are met.
19.262.040 Farmers markets.
Ordinance No. 13-
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(1) Farmers markets are permitted as a temporary use in all zones subiect to the requirements
of FWRC Chapter 19.275, "Temporary Uses."
(2) Farmers markets are permitted as a permanent use in all non - residential zones that allow
retail use.
19.262.050 Farm stands.
(1) Farm stand uses are permitted in any zone as an accessory use to any permitted urban
agriculture use for the purpose of on -site sale of urban agricultural products subiect to the
following criteria:
a. Farm stands are limited to 200 square feet in area and shall be no more than 15 ft. in
height.
b. No more than one farm stand shall be permitted on a subiect site.
c. Farm stands shall be designed to be temporary and portable structures and shall not be
Permanently affixed to the ground.
d. See FWRC 19.262.080 for requirements related to on -site sale of urban agriculture
products.
19.262.060 Cottage food operations.
(1) Cottage food operation uses are permitted in any zone as an accessory use to a permitted
use subject to the following criteria:
a. Cottage food operations shall adhere to the requirements of RCW 69.7.100 and RCW
69.07.120.
b. Cottage food operations shall adhere to the requirements of FWRC 19.270 "Home
Occupations."
19.262.070 Accessory structures.
Accessory structures supportive of the urban agriculture use are allowed on the subiect
Property subiect to the following regulations:
(1) Structures that are considered accessory to urban agriculture uses include greenhouses and
sheds and similar structures as determined by the director. Structures like hoophouses and
coldframes that are less than six ft. tall and are portable, not affixed to a foundation, and have no
floor, are tyj ically not considered structures under this section. (See FWRC 19.262.050 for
requirements specific to "farm stands.")
(2) Accessory structures in residential zoning districts must adhere to the following
requirements:
a. The cumulative site area occupied by accessory structures supportive of urban
agriculture shall not occupy more than ten percent of the lot area, or 1,000 square feet, whichever is
less.
b. Accessory structures supportive of urban agriculture shall be equal to or less than 15 ft.
in height.
19.262.080 On -site sale of urban agriculture products.
(1) On -site sale of urban agriculture products at community garden or urban farm sites is
limited to plants and food grown on site, or food products made from food grown on site, such as
iams and pickles.
Ordinance No. 13-
69
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(2) On -site sale of urban agriculture products in residential zoning districts taking place via
farm stands must adhere to the following requirements:
a. On site sales are limited to the calendar period between May 1 and October 31.
b. On -site sales are limited to the hours of 8 am to 7 pm.
c. Commercial pickups and deliveries are limited to one a day.
(3) A business registration may be required per the requirements of Title 12, FWRC. In
eeneral, business registration for on -site sale of urban agriculture products shall apply as follows:
a. An applicant for an on -site sales use that meets the parameters of FWRC 19.275 may
apply for a temporary business registration.
b. An applicant for an on -site sales use associated with a principal residential use may
apply for a home occupation business registration.
'Cross references: Licenses and business regulations. FWRC Title 12: business registration fee for home occupations.
FWRC 12.05.090: animals. Chapter 19.260 FWRC.
Section 20. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 21 Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 22. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 23. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
Ordinance No. 13-
70
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PASSED by the City Council of the City of Federal Way this day of
20
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 13-
71
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4ik
CITY OF
Federal Way
STAFF REPORT TO THE PLANNING COMMISSION
. Amendments to Federal Way Revised Code (FWRC) as follows:
Chapter19.05, "Zoning and Development in General," and Chapter 19.140,
"Signs, "; a new Chapter within Division VII, "Supplemental Development
Regulations," and New Urban Agriculture Use Zone Charts for Each of the
Existing Zoning Districts
File No. 13-100902-00-UP
Public Hearing of September 18, 2013
I. BACKGROUND
This staff report presents recommended amendments to the Federal Way Revised Code (FWRC) for
urban agriculture uses that are currently found, or likely to be sited, within the City of Federal Way.
It also provides background information on earlier work done regarding urban agriculture and
access to healthy food in Federal Way through the Communities Putting Prevention to Work
(CPPW) grant in 2010 -2012, and the technical assistance provided by Forterra via the
Environmental Protection Agency's (EPA) Building Sustainable Communities grant.
There is currently no reference to urban agriculture in the FWRC. Therefore, whether or not land use
review is required and the type of land use review process associated with proposed urban
agriculture uses has been interpreted on a case -by -case basis. Staff has been working with Forterra
and Urban Food Link on review of our current code and the development of recommendations for
regulating urban agriculture uses in Federal Way.
What do we mean by "urban agriculture "? The following graphic was adopted along with 2013
policy amendments to the Federal Way Comprehensive Plan (FWCP) and illustrates the various
types of land use activities that can be characterized as urban agriculture.
Communky
gardens
schwa
gardens
Urban Agriculture
In Federal Way
gardens patcf�s farms Farmstands
72
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markets
CSA drop -
off sites
err 3
The primary issues being considered in the proposed amendments to Federal Way development
regulations include:
• The FWRC does not contain a definition of "urban agriculture," or any of the
associated land use activities.
• The use zone charts in FWRC Title 19 do not specify "urban agriculture," or any of
the associated land use activities as a permitted use in any of the zones (the Suburban
Estates [SE] zone currently allows commercial agriculture, which is an entirely
different type and scale of agricultural use).
• Some, but not all, urban agriculture uses may have development characteristics such
as parking, noise, stormwater impacts, or signage, which need to be considered in
review of such uses.
• What is appropriate in residential as compared with commercial zones should be
given consideration.
EXISTING URBAN AGRICULTURE IN FEDERAL WAY
The graphic on the preceding page shows the types of urban agriculture that exist or are likely to be
proposed in Federal Way. The following is a summary of existing urban agriculture uses found in
Federal Way.
Home Gardens: Home gardens are simply private residential gardens where food is being grown
for the use of the residents. These gardens can be found throughout the city's residential areas and
are not/will not be regulated. Home gardens are allowed as an accessory use to a residential use
without any land use permit. Therefore, home gardens are not specified in the proposed code
amendment.
Community Gardens and School Gardens: Community gardens have been getting a great deal
of attention in Federal Way. With the formation of the Federal Way Community Gardens
Foundation, and in particular the guidance of CEO Mike Stanley, two large community gardens and
a number of smaller elementary school gardens have been developed and are providing healthy
organic produce for Federal Way's low income residents. The success of these gardens has inspired
other groups to develop community gardens, for example, the Light of Christ Community Garden
that celebrated its first harvest season in 2012.
School gardens have been developed at a number of Federal Way elementary schools in partnership
with the Federal Way Community Gardens Foundation as discussed above. The Federal Way
Community Gardens Foundation is working with the school district on an ongoing basis to expand
the gardens to additional schools throughout the district.
Farmers Markets: The Federal Way Farmers Market is a successful and popular seasonal
Saturday market located in the City Center. The Farmers Market is looking at options to expand
locations and/or days of the week and also operated a holiday market indoors at the Commons Mall
during the 2012 holiday season.
EXISTING REGULATIONS RELATED TO URBAN AGRICULTURE
The FWRC is largely silent on urban agriculture as a land use. There is one reference to
commercial agriculture in the Suburban Estates (SE) zoning district, which is the city's large, rural
lot zone with a minimum lot size of five acres. The type of agriculture use considered for the SE
zone is more typical of what would be found in rural areas, with consideration of the use of farm
equipment and more emphasis on the keeping of animals than typically found in urban areas.
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Farmers markets are referenced in the FWRC as a permitted temporary use. This has worked rather
well for the Federal Way Farmers Market in its current operation model as it meets the parameters
of a temporary use. However, the Federal Way Farmers Market could take on a permanent
character as many do in other cities.
CPPW GRANT - FUNDED FOOD ACCESS STUDY
In the spring of 2010, the City of Federal Way received grant funding from Public Health Seattle -
King County through the Federal Center for Disease Control's Communities Putting Prevention to
Work (CPPW) program. The work under this grant resulted in the development of a report entitled
"The Food Landscape in Federal Way, Washington" by Urban Food Link and the University of
Washington Northwest Center for Livable Communities. This study examined the number and
location of healthy food vendors (supermarkets, grocery stores, farmers markets) and unhealthy
food vendors, (fast food, convenience stores). Some of the key findings included:
• Federal Way has almost four times as many unhealthy as health food vendors.
• Over 85% of the city's geographic area is greater than % mile from a supermarket.
• There are some areas with a high percentage of low income residents who do not live
within walking distance of a supermarket, making access to healthy food more
difficult for those residents, especially if they do not own a car.
• Federal Way has a higher rate of obesity and other health- related issues than King
County as a whole.
The recommendations of the Food Landscape Report were shared with the Planning Commission
and City Council. The City Council adopted Resolution 12 -617 in March 2012 that directed staff to
develop draft comprehensive plan and zoning code amendments for City Council consideration that
apply the recommendations of CPPW grant - funded study related to urban agriculture.
THE EPA BUILDING SUSTAINABLE COMMUNITIES CONSORTIUM GRANT
Within a few months of completing work on the CPPW grant - funded program, planning staff
learned of the opportunity to apply to Forterra for assistance with furthering the work of the CPPW
grant on healthy food access and urban agriculture in particular. We applied for the technical
assistance grant provided by Forterra staff through the EPA's Building Sustainable Communities
Consortium program. Federal Way was one of six communities to receive grant resources through
Forterra and the EPA - funded program. This has been a great opportunity for Federal Way as
without the assistance of Forterra, we would not have had the resources to advance work on the
comprehensive plan policy and regulations related to urban agriculture in 2012/13.
Community Outreach and Input
Forterra staff conducted workshops on urban agriculture policies and development regulations with
the public on September 17, 2012, October 15, 2012, and January 8, 2013, and reached out to
citizens representing the Farmers Market, Community Gardens, interested individuals, and elected
and appointed officials. The workshops were very interactive with a great deal of discussion
amongst workshop participants.
Development and Adoption of Urban Agriculture Policies for the Comprehensive Plan
The first product of the work with Forterra under the EPA grant was the development of urban
agriculture policies for the comprehensive plan. These policies were reviewed by the Planning
Commission and adopted by the City Council on January 15, 2013.
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Planning Commission Public Hearing September 10, 2013
Development of Recommended Strategies for Regulations
Following preparation of draft Urban Agriculture Policies, Forterra and their subconsultant Urban
Food Link turned their attention to review of our existing development regulations. The result of
that review was a series of recommendations that were the subject of a study session with the
Planning Commission in January of 2013. Prior to the Planning Commission study session, the
recommendations were shared in public workshops facilitated by Forterra with the same group of
interested parties who participated in the policy development workshop.
The Planning Commission reviewed and provided comment on the recommended code amendments
that have been considered in development of the proposed code language contained in attached
Exhibits A -D. One of the comments was a request to not specifically define home gardens as an urban
agriculture use as they are outright permitted uses customarily found in association with residential
and, in certain cases, commercial uses. In addition, the consensus of the Planning Commission was to
keep the regulations simple and straight forward. The Planning Commission is being asked to review
the proposed changes to FWRC Title 19 (Exhibits A -D), and forward a recommendation to the City
Council's Land Use/Transportation Committee (LUTC) and City Council. This proposed code
revision was listed as a "High Priority" in the Planning Commission's 2012 and 2013 work program.
II. SUMMARY OF PROPOSED CODE AMENDMENTS
The proposed amendments to the FWRC Title 19, "Zoning and Development Code," would achieve
the following:
• Add definitions for various types of urban agriculture uses within FWRC Chapter 19.05.
• Add a new code section in FWRC Division VII "Supplemental Zoning Regulations" that
specifies requirements for reviewing and approving urban agriculture uses.
• Add "Urban Agriculture" use zone charts for each of the existing zoning districts in the city.
• Amend Table 1 and Table 2 of FWRC Chapter 19.140 "Signs" to allow for identification
signs for urban agriculture uses as appropriate.
The following sections provide summaries of each of the proposed code amendments. The
proposed text is enclosed in Exhibits A -D.
1. Adopt zoning code definitions for the following:
• Urban Agriculture (overarching definition under which the following definitions
would fall)
• Community Garden (this definition would also include what are typically
referred to as "pea- patches ")
• Urban Farm
• Farmers Market
• Farm Stand
• Cottage Food Operation
The following table contains the recommended definitions:
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Planning Commission Public Hearing September 10, 2013
Table 1. Urban Agriculture Definitions
Term
Definition
Urban
Is an umbrella term encompassing a wide range of activities involving the
Agriculture
raising, cultivation, processing, marketing, and distribution of food. Urban
agriculture land uses include: community gardens, urban farms, cottage food
operations, farm stands, and farmers markets. See also definitions for
"agricultural use," "community gardens," "cottage food operation," "farm
stand," and "farmers market." (Reference Exhibit A5)
Community
Means privately or publicly owned land used for the cultivation of fruits,
Gardens
vegetables, plants, flowers, or herbs by multiple users. Community gardens may
be divided into separate plots for cultivation by one or more individuals, or may
be farmed collectively by members of the group and may include common
areas maintained for use by group members. Food grown is typically for
community garden members or as a donation. See also definitions for
"agricultural uses," "urban agriculture," and "farm stands." (See Exhibit A2)
Pea Patch
See definition for "community garden." (See Exhibit A4)
Garden
Urban Farm
Means privately or publicly owned land used for the cultivation of fruits,
vegetables, plants, flowers, or herbs by an individual, organization, or business
with the primary purpose of growing food for sale. (See Exhibit A5)
Farmers Market
Means a temporary (typically outdoor) or permanent (indoor or outdoor) market
where farmers, producers, and other vendors sell whole produce; value -added
agricultural products such as jams, jellies, and pickles; prepared food; plants;
flowers; meats; dairy products; shellfish and f nfish; and other food- related
products. Additionally, some vendors may sell non - food - related products and
services; however, the majority of products for sale should be food- related
products. Entertainment and other community building activities may also be
provided; however, these other activities shall be ancillary in nature and support
the primary purpose of providing a venue for farmers to sell fresh produce and
other agricultural products. (See Exhibit A3)
Farm Stand
Means a structure accessory to a community garden, urban farm, or cottage
food operation, for the display and sale of vegetables or produce, flowers,
orchard products, animal products, locally- produced packaged food products,
and similar products grown or produced on the general property on which the
stand is located. See definitions for "community gardens," cottage food
operation," and "urban farm." (See Exhibit A3)
Cottage Food
Means a business licensed by the State of Washington per WAC 16.149 to
Operation
make low -risk food products in a home kitchen and sell directly to consumers.
(See Exhibit A2)
2. Modify existing "Tables of Sign Allowances" in FWRC 19.140.120 to allow identification
signs for urban agriculture uses.
Signage is important for identification, and in some cases, educational purposes. During the
development stages of the proposed code amendments, the need for signs was discussed with
representatives of the Federal Way Farmers Market and Federal Way Community Gardens
Foundation. In order to meet the needs of urban agriculture uses to communicate their location
to interested citizens, the following modifications to the FWRC are proposed:
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Planning Commission Public Hearing September 10, 2013
a. Modify existing Table 1 to add "Farmers Market" to the existing category of "Civic event,
or community service event," to allow both temporary and permanent signs subject to
existing standards for these types of uses. (See Exhibit B1)
b. Modify existing Table 2 to allow for signage for urban agriculture uses in residential zones
similar to the types of signs allowed other community -based uses typically found in
residential zones such as parks, schools, day cares, preschools, and places of worship. (See
Exhibit 132)
3. Modify existing use zone chart for "Raising of Agricultural Crops" in the Suburban
Estates (SE) zone to add urban agriculture uses to list of permitted uses in this zone and
add new use zone charts entitled "Urban Agriculture" for all remaining zoning districts.
The table below summarizes what types of urban agriculture uses would be allowed in existing
commercial and residential zones in Federal Way.
Table 2. Urban Agriculture in Federal Way Zoning Districts
Type
Commercial
Residential
Notes
Zones
Zones
Community
P
P
1. Community gardens proposed in
Garden
(see note 1)
residential zones that exceed 10,000
square feet shall be required to
provide public notice to neighboring
property owners.
Urban Farm
P
P (see note 1)
1. Urban farms proposed in residential
zones that exceed 10,000 square feet
shall be required to provide public
notice to neighboring property
owners.
Farmer's
P (see note 1)
P (see note 2)
1. Permitted in commercial zones that
Market
allow retail use.
2. Allowed as a temporary use per
FWRC 19.275, "temporary uses."
Farm Stand
P -A (see note 1)
P -A (see note 1)
1. Allowed as an accessory use to
community garden, urban farm, and
cottage food operations.
Cottage Food
P -A
P -A (see note 1)
1. By state law, these uses are to be
Operation
(see notes land 2)
considered as and comply with local
home occupation standards, as well
as state health standards.
2. In commercial zones, these uses
would typically only be proposed as
accessory to existing residential uses.
Key: P = "permitted "; P -A = "permitted as an accessory use"
In addition to the above, the use zone charts provide special notes that address the following:
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Planning Commission Public Hearing September 10, 2013
• Community garden and urban farm proposals will be reviewed utilizing "Process P'
administrative review, and public notice will be required in cases where gardens /farms
greater than 10,000 square feet are proposed in residential zones.
• Parking needs, if any, will be determined on a case -by -case basis.
• Height limits and setbacks for community gardens and urban farms varies by zoning
district, but will be similar to other uses typically allowed in the respective zoning district.
• Community garden and urban farm planting areas may be located within required yards and
perimeter planting areas as long as the intent of the landscaping standards for the zoning
district is met.
• See Exhibits C1 through C10 for detailed specific recommended development standards
proposed for urban agriculture uses in each zoning district.
4. Add a new chapter to FWRC Title 19 Division VII, "Supplemental Zoning Regulations,"
entitled "Urban Agriculture."
Development regulations and procedural requirements specific to urban agriculture are proposed
to be located in a new chapter of the FWRC under the "Supplemental Zoning Regulations"
section. This code section is referred to in each of the proposed new "Urban Agriculture" use
zone charts. This section of the code provides a direct point of access to the development
regulations specific to a particular use of land and is where one can find regulations related to
the keeping of animals, home occupations, and temporary uses, for example.
The following are proposed elements of the urban agriculture supplemental development
regulations:
1. Community gardens and urban farm uses will submit a management plan that addresses
general operational standards including:
a. Proposed equipment and chemical usage;
b. Off -street parking if applicable;
c. Garden/farm rules for users and/or employees;
d. Location and plans for composting facilities;
e. Stormwater management;
f. Soil testing if the site is located within the area impacted by the Tacoma smelter
plume; and
g. Neighborhood notice if the proposed garden/farm is located in a residential zone
and is larger than 10,000 square feet.
2. Farm stands will be limited to no more than one per site, no more than 200 square feet,
and must be temporary and portable.
3. Cottage food operations must adhere to existing home occupation standards.
4. Accessory structures such as greenhouses and sheds are limited in size and square
footage in residential zoning districts.
5. On -site sales of urban agriculture products is allowed subject to limitations on hours,
calendar dates, and number of commercial deliveries /pick up when located in residential
zones.
In summary, the proposed supplemental development regulations for urban agriculture uses
place greater limitations on the operational and physical characteristics when located in
residential zoning districts. This is recommended in order to ensure that the residential nature of
existing neighborhoods in not negatively impacted by noise, odor, stormwater runoff, or traffic
that could potentially be generated by an urban agriculture use.
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Planning Commission Public Hearing September 10, 2013
III. PROCEDURAL SUMMARY
9/30/13: Public Notice of 9/18/13 Planning Commission public hearing published and posted.
9/30/13: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental
Policy Act (SEPA).
9/13/13: End of SEPA comment period.
9/27/13: End of SEPA appeal period.
IV. PUBLIC COMMENTS
No comments were received as a result of the public notice actions as of the date of this report.
In addition to the required public notice measures outlined in Section III above, Forterra conducted
a stakeholder meeting on September 9`h to discuss the proposed draft code amendments with
interested citizens. Staff attended that meeting to receive input on the draft code amendments and
answer any questions citizens had on the proposed regulations. Overall, citizen response to the draft
code amendments was positive, and the Planning Commission should anticipate that there will be
citizens in attendance at the public hearing to speak to the proposed code amendments.
V. REASON FOR PLANNING COMMISSION ACTION
FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning
code text amendments. Consistent with Process VI review, the role of the Planning Commission is
as follows:
1. To review and evaluate the proposed zoning code text regarding any proposed amendments.
2. To determine whether the proposed zoning code text amendments meet the criteria established
in FWRC 19.80.130.
3. To forward a recommendation to the City Council regarding adoption of the proposed zoning
code text amendments.
VI. DECISIONAL CRITERIA
FWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section
analyzes compliance of the proposed zoning text amendments with the criteria provided by this
chapter. The city may amend the text of the FWRC only if it finds that:
1. The proposed amendments are consistent with the applicable provisions of the
comprehensive plan.
The proposed FWRC text amendments are consistent with the following Federal Way
Comprehensive Plan (FWCP) policies and goals:
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Planning Commission Public Hearing September 10, 2013
Goal
LUG9 Provide access to healthy food resources for all residents through opportunities for
urban agricultural activities, such as farmers markets, farmstands, community supported
agriculture (CSA) drop -off sites, community gardens, pea patches, school gardens, home
gardens, and urban farms.
Policy
LUP51 Establish development regulations that allow for healthy food resources as a permitted
use and provide for on -site sale and delivery of healthy foods, on public and private property,
where appropriate.
Goal
LUG10 Encourage and supportfarmers market opportunities that are accessible to all
residents.
Policy
LUP53 Establish development regulations that allow for farmers markets as a permitted use on
public and private property, where appropriate.
2. The proposed amendments bear a substantial relationship to public health, safety, or
welfare.
The proposed FWRC text amendments bear a substantial relationship to the public health, safety,
and welfare because the text amendments will clarify that the City of Federal Way is supportive
of urban agriculture uses that increase citizens access to locally grown, healthy foods, while also
increasing educational and economic opportunities associated with developing and maintaining
urban agriculture uses.
3. The proposed amendments are in the best interest of the residents of the city.
The proposed FWRC text amendments are in the best interest of the residents of the city because
greater availability of locally grown, healthy foods and opportunities to get involved in local
urban agriculture activities will increase residents' access to healthy lifestyle choices; whether it
be access to healthier food and/or access to healthy outdoor activities by participating in local
urban farms and gardens.
VII. STAFF RECOMMENDATION
Based on the above staff analysis and decisional criteria, staff recommends that the following
amendments to FWRC Title 19, "Zoning and Development Code," be recommended for approval to
the Land Use/Transportation Committee (LUTC) and City Council.
1. Modifications to FWRC 19.05 "Zoning and Development in General" and 19.140.120 "Tables
of Sign Allowances"; modifications to existing "Raising of Agricultural Crops" use zone chart
for SE zone and new use zone charts for Urban Agriculture in all existing zoning districts; and
the addition of FWRC 19.262, "Urban Agriculture" as identified in Exhibits A -D.
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Planning Commission Public Hearing September 10, 2013
VIII. PLANNING COMMISSION ACTION
Consistent with the provisions of FWRC Chapter 19.80.240, the Planning Commission may take
the following actions regarding the proposed development code text amendments:
1. Recommend to the City Council adoption of the FWRC text amendments as proposed;
2. Modify the proposed FWRC text amendments and recommend to the City Council adoption of
the FWRC text amendments as modified;
3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or
4. Forward the proposed FWRC text amendments to the City Council without a recommendation.
14.4 1, 110
Exhibit Al AS — FWRC 19.05.010, 19.05.030, 19.05.060, 19.05.160, and 19.05.210: Modifications
to "A, C, F, P, and U Definitions"
Exhibit BI -B2 — FWRC 19.140.120, Modifications to "Tables of Sign Allowances"
Exhibit CI -CIO —FWRC 19.195.030 Modifications to, "Raising agricultural crops," in the SE zone
and new use zone charts for urban agriculture in all other existing zoning districts
Exhibit D — FWRC Division VII, New Chapter in Division VII, "Supplemental Zoning
Regulations"
KA2012 Code Amendments \Urban Agriculture\Planning Commission \091813 Public Hearing Memo
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Planning Commission Public Hearing September 10, 2013
CITY OF FEDERAL WAY
PLANNING COMMISSION
September 18, 2013 City Hall
7.00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Merle Pfeifer, Hope Elder, Tom Medhurst, Sarady Long, Wayne Carlson, and
Tim O'Neil. Commissioners absent: Lawson Bronson (excused). Staff present: Planning Manager Isaac
Conlen, Senior Planner Janet Shull, Contract Planner Jim Harris, Assistant City Attorney Peter Beckwith,
and E. Tina Piety, Administrative Assistant II.
CALL TO ORDER
Chair Pfeifer called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
The minutes of June 24, 2013, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
None
COMMISSION BUSINESS
PUBLIC HEARING Proposed Zoning Code Amendments Related to Urban Agriculture
Senior Planner Shull delivered the staff report. She noted that Skye Schell with Forterra (the non - profit
agency representative who worked on the project with the city) is in the audience, along with a number of
citizens who will be giving public testimony. She also noted that staff (and Forterra) has taken into
consideration and inputted Planning Commissioner's comments /suggestions from the January 16, 2013,
study session on this topic.
Senior Planner Shull went over the background and overall goals of the proposed amendments. The
overall goals include implementing policies to support access to healthy food and to be responsive to
community interest in growing food for health, education, and economic benefit. A summary of the
proposed amendments is as follows:
1. Provide defmitions for urban agriculture uses.
2. Amend the existing sign tables to include urban agriculture uses to allow for permanent
and temporary identification/informational signs.
3. Amend the existing Suburban Estates (SE) use zone chart and add new use zone charts
allowing urban agricultural uses in each existing zone.
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4. Add a new section to Federal Way Revised Code (FWRC) Title 19 Division VII,
"Supplemental Zoning Regulations" (which is where one can find regulations related to
the keeping of animals, home occupations, and temporary uses) with regulations and
procedural requirements specific to urban agriculture.
The meeting was opened for Public Testimony.
Jim Cox, Project Manager (with his wife) of the Light of Christ Community Garden — He stated
the purpose of the Light of Christ Community Garden is to provide food to the community and to
bring people together to help one another. They have had some 300 different people (varying in
age from 3 to 83 years) volunteer in the garden. There are people there every day volunteering.
He described one man from the Ukraine for whom the garden is a very special place and who is
there two or three times a day. They produced some 3000 pounds of food this year for donations.
They support Fusion, Mitchell Place, Reach Out, and the Multi - Service Center, among others. All
people, no matter their faith (or lack thereof) are welcome to volunteer to work in the garden. The
garden meets genuine needs and it almost did not happen. When they went to the city for permits,
the city did not have any regulations for community gardens. The proposed amendments would
make the process easier for future applicants.
Maria Brememan — She supports the proposed amendments. She stated they clarify the code and
remove ambiguity and barriers. They are practical and supportive of urban agriculture.
Skye Shell, Forterra — He is excited the proposed amendments are moving forward Forterra has
been working with the city for about a year on this project. The proposed amendments will not
only create access to healthy food, but will provide opportunity for economic development and
small businesses.
Karla Kolibab, Federal Way Farmer's Market — She stated that not having permanent signage is
a problem for the Farmer's Market. Currently they are allowed only temporary signs during the
day of the market. Having a permanent sign would let more people know about the market and
potentially bring more people to the market.
Chair Pfeiffer stated that the Farmer's Market has moved a number of times since they started.
Would this not be a problem if they have a permanent sign? Ms. Kolibab replied they are working
with the Commons Mall on an agreement that would allow them to stay where they are for a
number of years.
Rose Ehl, Federal Way Farmer's Market — She stated the Federal Way Farmer's Market provides
fresh produce and plants/flower, arts & crafts, and processed food; in addition, a master gardener
is available. They host a number of community events and are a venue for WIC and senior
assistance. They have discussed a permanent sign with city staff and the plan is to locate it at the
corner of 324' and Pacific Highway South. They would also have to have clearance from the
Commons Mall. They hope to have a permanent sign for next year.
Public Testimony was closed.
Commissioner Carlson thanked staff for their work and said the proposed amendments are clear and well
written. On page 7 of the staff report in item l .f. it talks about soil testing for sites impacted by the
Tacoma smelter plume. How much of the city is affected? What percentage of the city would have to do a
soil test? Senior Planner Shull replied that she does not know the specifics, but according to a map the
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area primarily affected is a strip on the western edge of the city. She stated staff has talked to Washington
State Ecology about this issue and they do not think anyone would be denied a garden. They want people
to be aware of the issue and to take appropriate steps if needed. Commissioner Carlson asked that staff
inform applicants what the city would want them to do if they are located in the plume area. Planning
Manager Conlen commented that a map of the area can be given to applicants.
Commissioner Long noted that in some cases a notice of the proposed garden must be given. Is there a
standard area for the notice? Senior Planner Shull replied currently notices are sent to a 300 foot area and
that would be the same for these notices.
Commissioner Medhurst commented that he is grateful for the community gardens and the work they do.
On page 1 of Exhibit A3, it states that farmers markets, "the majority of products for sale should be food -
related products." He is concerned that the word "should" is not strong enough and a farmers market
could develop into a flea market. Senior Planner Shull stated that staff did discuss this phrase and the
word "should" with the stakeholders. No one could think of an appropriate stronger word. Planning
Manager Conlen commented that the word could be changed to "shall" Commissioner Carlson stated he
would support changing the word to "shall" with the understanding that majority would be based on the
width of saleable space.
Commissioner Medhurst asked why (as stated on page 3 of Exhibit D) are structures such as greenhouses
limited to 15 feet in height, while others, such as hoophouses limited to 6 feet in height. Senior Planner
responded that the items limited to six feet in height are not considered "structures." Hoophouses and
similar items are designed to be moved, unlike greenhouses.
Commission Carlson moved (and it was seconded) to recommend adoption of the proposed amendments
to urban agriculture with the modifications that the word "should" in the defmition of farmers market will
be changed to "shall," and a definition added that clarifies that the majority of food related products
referred to in the farmers market definition is based on the width of saleable space. There was no further
discussion and the motion carried unanimously.
The public hearing was closed.
PUBLIC HEARING — Proposed Code Amendments Related to Provisions for Allowing Departures
from Required Community Design Guidelines in all Zoning Districts
Contact Planner Harris delivered the presentation. He went over the background and the overall goal,
which is to increase the flexibility of the community design guidelines to act as performance objectives
rather than to act as specific and/or numeric requirements, while still meeting the larger intent to protect
property values, enhance general appearance, and improve and expand pedestrian circulation and public
spaces in the city. The proposed changes consist of the addition of two sentences to FWRC 19.115.020,
"Administration." There was no public testimony.
Commissioner Long asked if the proposed amendments will allow buildings to be placed closer to the
sidewalk. Contract Planner Harris replied that the proposed amendments will not likely trigger buildings
to be placed closer to the sidewalk. Commissioner Carlson agrees with the proposed amendment. Without
it, it can make for weird designs in order to fit the code requirements. Commissioner Medhurst asked if
there was a specific catalyst for this amendment. Contract Planner Harris replied that there is no specific
catalyst, but the requirements have caused issues in the past. Planning Manager Conlen stated that in the
past, applicants have proposed design that would probably work better, but the city was not able to
approve them because they did not meet the community design guideline requirements.
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Commissioner O'Neil moved (and it was seconded) to recommend adoption of the proposed amendment
to the community design guidelines as written. There was no further discussion and the motion carried
unanimously.
The public hearing was closed.
ADDITIONAL BUSINESS
Planning Manager Conlen stated that currently there is no date for the next Planning Commission meeting
(it will likely be in November).
Commissioner Elder expressed her concern about the parking disappearing at the Commons Mall. Is the
city monitoring that? Planning Manager Conlen replied that the city is monitoring the parking with the
use of a parking study.
Commissioner O'Neil asked what the direction of the city's urban core is. Nothing seems to change.
Planning Manager Conlen replied that the vision is for denser, mixed -use buildings, while also being
pedestrian friendly. The downturn in the nationwide economy has hindered development over the last five
years. Also, it is difficult for a city like Federal Way to compete with Seattle or Bellevue for that type of
development. Commissioner Carlson commented that the city has had proposals for high -rises, but it
needs the middle ground of mid -rises first. Planning Manager Conlen responded that the city is receptive
to mid -rise development and is hopeful see proposals of this nature.
ADJOURN
The meeting was adjourned at 8:10 p.m.
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